Kalema v Nakibuule and Another (Civil Suit No. 445 of 2011)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that the suit land was matrimonial property from which the plaintiff and her late husband derived sustenance over 40 years. A purported gift inter vivos by the deceased to his daughters was void for lack of spousal consent as required by the Land Act. The 1st defendant fraudulently caused herself to be registered on the land without the plaintiff's consent. The 2nd defendant connived in the fraud by subdividing the land and removing the plaintiff's caveat without notice. The plaintiff's title was reinstated and general damages of UGX 750,000,000 awarded.

Outcome

Titles fraudulently created cancelled; land reverted to plaintiff as administrator of deceased's estate; permanent injunction granted restraining defendants from interfering with the land

Facts

The plaintiff was the widow and administrator of the estate of her late husband, Kalema Fredrick Muwonge, the registered proprietor of land at Kgadondo Block 206, Plot 2610. They lived on the land as a married couple for over 40 years, tilled it, and derived sustenance from it. The plaintiff lodged a caveat in 2008 when her husband became mentally incapacitated. In 2008, the deceased purportedly gifted part of the land to his two daughters, the 1st defendant and her sister, through a deed witnessed by local council executives but without the plaintiff's consent. The plaintiff's signature had been obtained when the legal interest was acquired in 2002, but not for this subsequent transfer. After the deceased's death in 2010, the plaintiff obtained letters of administration. A search revealed the land had been subdivided into several plots, with Plot 3719 registered in the 1st defendant's name. The caveat had been removed without notice to the plaintiff. The plaintiff claimed the transfer was fraudulent and sought cancellation of the titles.

Issues

1. Whether the suit land was matrimonial property.
2. Whether there was any fraud or illegality committed by the defendants in transferring the suit land into the 1st defendant.
3. Whether there is just cause for revocation or annulment of the letters of administration granted to the plaintiff.
4. What are the remedies to the parties?

Orders

• All titles fraudulently created out of Kgadondo Block 206, Plot 2610 (land at Mpererwe) are hereby cancelled.
• The said land shall revert back to its original Block 206, Plot 2610 (land at Mpererwe) and into the names of Gertrude Kalema, as the administrator of the estate of the late Kalema Muwanga Fred.
• A permanent injunction issues against both defendants and their agents preventing them from interfering with the quiet enjoyment and possession of the land by the plaintiff.
• General damages of UGX 750,000,000/= shall be paid jointly by the defendants, with interest at 15% payable per annum, from the date of delivering this judgment, till payment is made in full.
• The plaintiff is to file an inventory and an account showing the distribution of the estate, within a period of six months from the date of this judgment.
• Costs of this suit awarded to the plaintiff against the 1st defendant.

Rules and key headnotes

Legislation cited (14)

• Land Act Cap 227 s.38
• Land Act Cap 227 s.39
• Land Act Cap 227 s.39(1)(c)
• Land Act Cap 227 s.29
• Registration of Titles Act s.92
• Registration of Titles Act s.139
• Registration of Titles Act s.140(1)
• Registration of Titles Act s.177
• Succession Act Cap 162 s.180
• Succession Act Cap 162 s.25
• Succession Act Cap 162 s.26(3)
• Succession Act Cap 162 s.27
• Succession Act Cap 162 s.268
• Constitution of Uganda Article 37(1)

Cases cited (13)

• Muwanga Vs Muwanga H.C.C.S 735 of 1997 (unreported)
• Herbert Kolga v Ekiriga Mayemuko Kolga (Civil Suit No. 150 of 2016)
• Rwabinumi Vs Bahambisonc Civil Appeal No. 170 of 2009 citing with approval the authority of Kagga Vs Kagga (High Court Divorce Cause No 11/05)
• Norah Nasozzi and Another v George William Kalule (High Court Civil Appeal No. 05 of 2012)
• F J K Zaabwe v Orient Bank and 5 Others (Supreme Court Civil Appeal No. 4 of 2006)
• Jam International Ltd and Ahmad Farah vs Mohamed E. Amin [1994] EARL 307
• Sebuliba vs Cooperative Bank Ltd. [1984 HCB 130
• Okethi v Attorney General (Civil Suit No. 0069 of 2004)
• Kampala District Land Board and George Mitala v Venansio Baweganaga (Court of Appeal No. 2 of 2007)
• Assit (U) v Italian Asphalt & Haulage and Another (High Court Civil Suit No. 1297 of 1999)
• Fredrick Nsubuga v Attorney General (Supreme Court Civil Appeal No. 8 of 1999)
• Ongom Vs. AG (1979) HCB 267, cited by court in Jamuwaya vs National Housing & Construction Co. CS.No. 127 of 2009
• Kampala Bottlers Ltd Vs Damanico (U) Ltd (supra)

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Kalema v Nakalema & 2 Others (Civil Suit 2146 of 2015)
• Stanbic Bank (U) Ltd v Ssenyonjo & Anor (Civil Appeal No. 147 of 2012)

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