Wakilii

Kateregga Nuhu and Others v Kasaga Abdul and Another (Civil Suit No. 237 of 2021)

High Court · [2025] UGHCLD 63 · 2025 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of ownership, trust, and eviction
Decision
2nd defendant declared a trespasser and ordered to vacate within three months and surrender certificate of title to 1st defendant as trustee

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that land registered in the 1st defendant's name was held in trust for the grandchildren of the late Nuliat Tegwa following a valid gift inter vivos. The late Ssemukutu Abdul, who purported to sell part of the land to the 2nd defendant, held no interest in the property and could not pass valid title under the principle nemo dat quod non habet. The 2nd defendant's failure to conduct due diligence rendered the transaction void ab initio. The 2nd defendant was declared a trespasser and ordered to vacate and surrender the certificate of title.

Outcome

2nd defendant declared a trespasser and ordered to vacate within three months and surrender certificate of title to 1st defendant as trustee

Facts

The late Nuliat Tegwa was the registered proprietor of land comprised in Busiro Block 268 Plot 473 at Namuseera. Before her death in 2004, she held a family meeting on 5 April 2003 where she gifted the land to all her grandchildren, including the plaintiffs and the 1st defendant. The family appointed the 1st defendant as caretaker and the land was registered in his name to hold in trust. The 1st defendant's father, Ssemukutu Abdu, allegedly stole the certificate of title and purported to sell portions of the land to the 2nd defendant in 2008 and 2015. The 2nd defendant took possession, erected a perimeter wall, and cultivated the land. The plaintiffs sued seeking declarations of ownership, trust, and eviction of the 2nd defendant.

Issues

  1. Whether the suit land belongs to the grandchildren of the late Nuliat Tegwa or the estate of the late Ssemukutu Abdul.
  2. Whether the purported sale of part of the suit land by Ssemukutu Abdul to the 2nd defendant was lawful.
  3. Whether the second defendant is a trespasser on the suit land.
  4. What remedies are available to the parties.

Orders

  • A declaration that the land comprised in Busiro Block 268 Plot 473 situate at Namuseera belongs to the grandchildren of the late Nuliat Tegwa and the 1st defendant only holds the same as a trustee.
  • A declaration that the transactions between the late Ssemukutu Abdul were void ab initio since he held no interest in the suit land and could not pass on any.
  • A declaration that the 2nd defendant is a trespasser on the suit land and holds no valid interest thereon.
  • An order directing the 2nd defendant to hand over the certificate of title to the suit land to the 1st defendant as the registered proprietor thereof for safe keeping in trust for the grandchildren of the late Nuliat Tegwa.
  • An eviction order against the 2nd defendant within three (3) months from the date of delivering this judgment.
  • General damages of Uganda shillings ten million (UGX 10,000,000) to be paid by the 2nd defendant.
  • Costs of the suit are awarded to the plaintiffs against the defendants jointly.

Rules and key headnotes

Gift Inter Vivos — Registered Land — Requirements for Completion
A gift inter vivos of registered land is completed when the donor signs the transfer forms in favour of the donee and delivers them, even if the donee has not yet been registered as proprietor, provided the donor has done everything within their control to enable the donee to complete title.
Express Trust — Land Held for Beneficiaries — Registration in Trustee's Name
Where land is registered in the name of one family member pursuant to a family agreement that they hold it in trust for other family members, the registered proprietor holds the land as trustee regardless of their status as registered owner under the Registration of Titles Act.
Transfer of Title — Nemo Dat Quod Non Habet — Sale by Non-Owner
Under the principle nemo dat quod non habet, a person who holds no interest in land cannot pass valid title to a purchaser, and any purported sale by such person is void ab initio.
Due Diligence — Duty of Purchaser — Investigation of Title
A purchaser of land has a duty to conduct thorough due diligence, including verifying the identity of the registered proprietor and investigating the circumstances under which the seller claims to hold title. Failure to do so may result in the purchase being declared void where the seller had no valid interest.
Trespass to Land — Elements — Unlawful Entry Without Permission
To succeed in an action for trespass to land, a plaintiff must prove that the disputed land belonged to them, that the defendant entered upon it, and that the entry was unlawful in that it was made without permission or the defendant had no claim, right, or interest in the land.

Legislation cited (2)

Cases cited (11)

  • Joy Mukobe v Willy Wambavu (High Court Civil Appeal No. 55 of 2005)
  • Norah Nassozi and Another v George William Kalule (Civil Appeal No. 05 of 2012)
  • Walusimbi Jennifer and 3 Others v Bulezi Ali (High Court Civil Suit No. 291 of 2021)
  • The Registered Trustees of Kampala Archdiocese v Nabitete Naume Mixed Co-operative Farm Limited (High Court Civil Suit No. 1559 of 2000)
  • Ojwang v Wilson Bagonza (Court of Appeal Civil Appeal No. 25 of 2002)
  • Hajji Nasser Katende v Vithalidas Halidas & Co. Ltd (Court of Appeal Civil Appeal No. 84 of 2003)
  • Justine E.M.N Lutaaya v Sterling Civil Engineering Co. (Supreme Court Civil Appeal No. 11 of 2022)
  • Sheikh Muhammad Lubowa v Kitara Enterprises Ltd (Court of Appeal No. 4 of 1987)
  • Hadley v Baxendale (1894) 9 Exch 341
  • Coasta Construction Services v National Water and Sewerage Corporation (High Court Civil Suit No. 429 of 2012)
  • The Registered Trustees Anglican Church of Kenya Mbeere Diocese v The Rev. David Waweru Njoroge (Civil Appeal No. 108 of 2002)

Full judgment

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

Kateregga_Nuhu_and_Others_v_Kasaga_Abdul_and_Another_(Civil_Suit_No._237_of_2021)_[2025]_UGHCLD_63_(6_May_2025)
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.