Charles Kiggundu & 7 Ors v John Kawesi (Miscellaneous Application No. 607 of 2009 ) (Miscellaneous Application No. 607 of 2009)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where a plaintiff attaches a copy of a certificate of title to his plaint and the defendants allege forgery, the plaintiff must produce the original certificate for inspection. The respondent's claim that the original was lost was inconsistent with his pleaded case and his failure to apply for a duplicate or pursue certification through mandamus. Application granted; respondent ordered to produce originals and certified copies within 10 days.
Outcome
Respondent ordered to produce original land title documents and certified copies within 10 days
Facts
The respondent filed Civil Suit No. 179 of 2009 against the Chief Registrar of Titles and eight applicants concerning land comprised in Block 12 Plot 542. The respondent attached a copy of the certificate of title as annexture B to his plaint. In their defence, the eight applicants alleged that the title was a forgery. On 10 August 2009, the applicants served the respondent with a notice to produce the original documents, but he failed to comply. The respondent claimed in his affidavit that the original certificate was lost when he was imprisoned at the instance of the second applicant, and that his home was later razed to the ground. He also claimed that the Bukalasa Land Registry frustrated his attempts to obtain certified copies. The applicants brought this application under Order 10 of the Civil Procedure Rules seeking production of the original title documents.
Issues
- Whether the respondent should be ordered to produce the original owner's copy and certified copies of the land title and annextures to the plaint.
Orders
- Application allowed.
- Respondent to produce in court the original of the owner's copy and certified copies of annextures B and D to the plaint within 10 days from the date of this ruling.
- Costs of the application awarded to the applicants.
Rules and key headnotes
Legislation cited (5)
Full judgment
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