Wakilii

Kaddu & 3 Others v The Commissioner Land Registration & 9 Others & National Agricultural Research Organization v Akright Projects Limited & 8 Others (Civil Suit 154 of 2009) [2024]

High Court · [2024] UGHCLD 154-09 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated first instance civil suits concerning title to and eviction from leased land
Decision
Fraudulent title cancelled, suit land restored to estate of Yofasi Sekaiba, NARO's lease upheld, defendants evicted, general damages awarded to NARO

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the suit land, originally leased by Yofasi Sekaiba to the Governor of Uganda Protectorate in 1952 for 99 years (benefiting NARO as successor), was fraudulently registered in the names of Yafesi Walusimbi in 1962 without any evidence of lawful transfer. All subsequent transferees from Walusimbi's estate were not bona fide purchasers and acquired no valid title. NARO's eviction was unlawful. The court declared the land part of Sekaiba's estate, cancelled all fraudulent titles, and awarded general damages to NARO for destruction of property.

Outcome

Fraudulent title cancelled, suit land restored to estate of Yofasi Sekaiba, NARO's lease upheld, defendants evicted, general damages awarded to NARO

Facts

The suit land, comprised in Busiro Block 260 Plot 8 measuring approximately 135.50 acres, originally formed part of MRV 148 Folio 12 registered in the names of Lukumbi Sekaiba. Upon his death, his son Yofasi Sekaiba inherited the land. In 1952, Yofasi Sekaiba leased the land to the Governor of Uganda Protectorate for 99 years from 1st December 1951, benefiting the Agricultural Department (later NARO). The lease was duly registered. In 1962, the land was registered in the names of Yafesi Walusimbi as first registered proprietor under instrument KLA34226, without any evidence of a transfer agreement or instrument from Yofasi Sekaiba. Upon Walusimbi's death, his estate transferred interests to his beneficiaries, who subsequently sold portions to various purchasers. In December 2011 and January 2012, agents of some defendants evicted NARO from the land, destroying research materials and buildings. NARO had been in continuous possession of the land since 1952 under the lease agreement.

Issues

  1. Whether or not the 3rd to 7th defendants fraudulently acquired the Certificate of Title for land comprised in Busiro Block 260 Plot 8 land at Senge measuring approximately 135.50 acres.
  2. Whether the 3rd to 7th defendants fraudulently sold the suit land to the 8th and 9th defendants and whether the 8th and 9th defendants fraudulently acquired the suit land.
  3. Whether the 8th and 9th defendants fraudulently sold and the 10th defendant fraudulently acquired the suit land.
  4. Whether eviction of NARO from the suit land was unlawful.

Orders

  • A declaration that the suit land comprised in Busiro Block 260 Plot 8 measuring approximately 135.50 acres is part of the estate of the late Yofasi Sekaiba.
  • A declaration that the late Yafesi Walusimbi fraudulently transferred the suit land into his names and it does not form part of his estate.
  • A declaration that the 2nd, 3rd, 4th, 5th, 6th and 7th defendants acquired no valid interest in the suit land as their predecessor in title acquired it fraudulently.
  • A declaration that specified defendants fraudulently sold and purchased the suit land.
  • An order directing the 1st defendant to cancel and set aside all entries changing ownership and subdivision made on the suit land and reinstating the same into the names of Yofasi Sekaiba or his legal representative.
  • A permanent injunction restraining specified defendants from dealing in the suit land by sale, subdivision, transfer or otherwise.
  • An order to evict the 8th, 9th and 10th defendants and their successors/assignees from the suit land.
  • Dismissal of counterclaims by the 2nd, 3rd and 9th defendants in Civil Suit No. 211/2012 with costs.
  • A permanent injunction restraining all defendants from claiming, selling, occupying or dealing with the suit land for the remaining lease period.
  • An order for cancellation of all subsequent titles and sale agreements affecting NARO's lease.
  • General damages of UGX 500,000,000 awarded to NARO payable jointly and severally by specified defendants with interest at court rate.
  • Costs of both consolidated suits awarded to the respective plaintiffs.

Rules and key headnotes

Land Registration — Fraud — Absence of Transfer Instrument — First Registered Proprietor Status
Where a person is registered as first registered proprietor of land previously held by another without evidence of any sale agreement, transfer instrument, or witness testimony to a transaction, and there is no proof that the subsequent proprietor ever demanded rent from a lawful lessee or acknowledged the lease, registration is presumed fraudulent and the title is liable to impeachment.
Fraud — Indefeasibility of Title — Exception
Fraud is an exception to the indefeasibility of title. Once fraud is proven, a transferee's title will be cancelled. Fraud unravels everything and vitiates all transactions, and the courts will pursue it wherever it takes cover behind legislation.
Bona Fide Purchaser for Value — Due Diligence — Occupation by Third Party
A purchaser of land is not a bona fide purchaser for value without notice where the land is visibly occupied by a third party with established buildings and agricultural projects, and the purchaser fails to investigate the occupant's interest or status. Purchasers are expected to make thorough investigations of both the land and the seller, as lands are not vegetables bought from unknown sellers.
Leasehold — Government Lessee — Institutional Successors — Right to Sue
Where land is leased to a government institution (such as the Governor of the Uganda Protectorate) and a successor institution (such as NARO) continues in occupation pursuant to that lease, the successor has a beneficial interest in the land and the right to institute legal proceedings against trespassers notwithstanding that legal title is registered in the name of the Uganda Land Commission.
Special Damages — Pleading and Proof
Special damages must be specifically pleaded and strictly proved. A report alleging expenses or losses without supporting evidence of actual expenditure falls below the required standard and will not sustain an award of special damages.
General Damages — Eviction and Destruction of Property
General damages are awarded for losses which flow naturally from the defendant's act. Where a lawful occupant is wrongfully evicted and their buildings, seedlings, and research materials are destroyed, the court will award general damages to compensate the plaintiff for the destruction, inconvenience, and embarrassment suffered.

Legislation cited (1)

Cases cited (9)

  • Prince Kalemera and Another v Kabaka of Buganda and Others (Civil Suit No. 535 of 2017)
  • St. Mark Educational Centre Limited v Makerere University (Court of Appeal Civil Appeal No. 40 of 1997)
  • Kampala Bottlers Limited v Damanico (U) Limited (Court of Appeal No. 22 of 1992)
  • Agandru v Etoma (Civil Suit No. 0007 of 2011)
  • David Sekajja Nalima v Rebecca Musoke (Supreme Court Civil Appeal No. 121 of 1985)
  • Fam International Limited and Ahmad Farah versus Mohamed El Faith [1994] KALR 307
  • Sir John Bageire v Ausi Matovu (Court of Appeal Civil Appeal No. 07 of 1996)
  • Mugabi John v Attorney General (Civil Suit No. 133 of 2002)
  • W.M Kyambadde v MPIGI District Administration [1984] HCB

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kaddu_&_3_Others_v_The_Commissioner_Land_Registration_&_9_Others_&_National_Agricultural_Research_Organization_v_Akright_Projects_Limited_&_8_Others_(Civil_Suit_154_of_2009)_[2024]
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.