Wakilii

Kibulwe Simon and Others v Paul Mbazzi Kiggye and Others (Civil Suit No. 47 of 2019)

High Court · [2025] UGHCFD 84 · 2025 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit by beneficiaries of an estate challenging the validity of memoranda of understanding executed by estate administrators with third parties
Decision
All transactions declared null and void, certificates of title cancelled, estate property ordered to revert to the estate, permanent injunction issued against defendants

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that memoranda of understanding executed by estate administrators with third parties to alienate estate property were unlawful on multiple grounds: the administrators were not registered proprietors at the time of execution as required by Registration of Titles Act s.118(1); the third parties lacked valid surveyors' practicing certificates as required by Surveyors Registration Act s.19(3); the transactions contravened the deceased's will which expressly prohibited subdivision and sale of the estate land; the transactions were executed without consent of the beneficiaries; and a non-citizen company unlawfully acquired mailo land contrary to Land Act s.41(4). All transactions declared null and void, certificates of title cancelled, and estate property ordered to revert to the estate.

Outcome

All transactions declared null and void, certificates of title cancelled, estate property ordered to revert to the estate, permanent injunction issued against defendants

Facts

The plaintiffs are beneficiaries of the estate of the late Siira Nkakya Kibuuka who died testate in 1953. The 1st-3rd defendants obtained Letters of Administration with Will Annexed on 27 September 2023. The plaintiffs alleged that the 1st-3rd defendants, as administrators, entered into three memoranda of understanding with the 4th-6th defendants to survey and process certificates of title for various estate properties, agreeing to cede portions of the estate land as payment. The deceased's will expressly prohibited subdivision and sale of the estate land at Bubiro and Sambu, directing that it remain intact for use by his children and grandchildren. A partial consent judgment resolved most issues between the plaintiffs and the 1st-3rd defendants, leaving for adjudication the legality of how the 4th-8th defendants obtained interests in the estate property. The 7th defendant (Treasure Trove (U) Ltd) became registered proprietor of 129.5020 hectares at Bubiro and subsequently transferred it to Red Oak Group Ltd. The 8th defendant was not served and the claim against it was not pursued.

Issues

  1. Whether the respective Memoranda of Understanding executed by the 1st, 2nd and 3rd Defendants alienating respective estate properties to the 4th, 5th, 6th, and 7th Defendants were lawful
  2. What are the available reliefs

Orders

  • The Memoranda of Understanding executed by the 1st, 2nd and 3rd Defendants alienating estate properties to the 4th, 5th, 6th, and 7th Defendants were declared unlawful.
  • Treasure Trove (U) Ltd unlawfully acquired the Mailo interest of 129.5020 Hectares of land comprised in Kyaggwe Block 402 Plot 13, land at Bubiro.
  • The transfer and registration of estate property (129.5020 hectares) comprised in Kyaggwe Block 402 Plot 13 to Treasure Trove (U) Ltd was declared illegal and nullified.
  • Treasure Trove (U) Ltd had no good title to pass to Red Oak Group Ltd.
  • The 4th, 5th, 6th and 7th Defendants unlawfully and fraudulently acquired interests in the properties forming part of the estate.
  • All land forming part of the estate in the hands of third parties that accrued from the impugned Memoranda of Understanding shall revert to the estate.
  • All Certificates of Title in the name of the 4th, 5th and 6th Defendants are cancelled and the Commissioner Land Registration is directed to register them in the names of the new Administrators.
  • John Ttuntu Seryazi and Ephraim Nimrod Basiiga shall be liable to third party claimants whose claims arose from the impugned Memoranda of Understanding.
  • A permanent injunction issued against the 4th, 5th, 6th and 7th Defendants from dealing with the estate property.
  • No damages awarded in light of the order reverting property to the estate.
  • The Defendants shall bear the costs of the suit in equal proportions.

Rules and key headnotes

Powers of Administrators — Registration Requirement for Dealing with Registered Land
Where the property being dealt with is land registered under the Registration of Titles Act, the power granted to an administrator by the Succession Act to dispose of the property of the deceased can only be exercised upon the administrator being registered on the certificate of title as proprietor. A holder of Letters of Administration can deal with registered property or sell the same only after being registered as registered proprietor of the land.
Surveyors Registration Act — Prohibition on Unlicensed Surveying
No person shall engage in or carry out the practice of surveying unless he or she is a holder of a valid practicing certificate granted under the Surveyors Registration Act. A memorandum of understanding for surveying services entered into by persons without valid surveyors' practicing certificates is unlawful and void, as the consideration is forbidden by law under Contracts Act s.18(1)(a).
Testamentary Intention — Effect Must Be Given to Testator's Wishes
The intention of the testator is not to be set aside and effect must be given to it as far as possible. Where a will expressly and unequivocally prohibits subdivision and sale of estate land, administrators who enter into agreements ceding portions of that land to third parties act in contravention of the will and such transactions are unlawful.
Administrators as Trustees — Requirement of Beneficiary Consent
Administrators of an estate hold all estate properties as mere trustees on behalf of the beneficiaries. Any transactions done on estate property without the consent of the beneficiaries are illegal. An administrator does not hold land in his or her personal right but in right of the deceased person, and to give good title as a transferee must have acted in accordance with the law.
Non-Citizen Companies — Prohibition on Acquiring Mailo Land
A company incorporated in Uganda whose articles of association do not contain a provision restricting transfer or issue of shares to non-citizens is deemed a non-citizen under Land Act s.41(7)(e). Such a company is prohibited from acquiring or holding mailo land under s.41(4), and any purchase and registration of mailo land to such a company is void and an illegality ab initio.
Due Diligence in Land Transactions — Duty to Investigate
Lands are not vegetables which are bought from unknown sellers. Lands are very valuable properties and buyers are expected to make thorough investigations not only of the land but also of the owner before purchase. Where a purchaser's suspicions are aroused and he abstains from making inquiries for fear of learning the truth, fraud may be properly ascribed to him. Due diligence includes registry searches, boundary opening, physical inspection, involvement of local authorities, and inquiries from beneficiaries if the land is family property.
Illegality — Court Cannot Sanction What Is Illegal
A court of law cannot sanction what is illegal. An illegality once brought to the attention of court overrides all questions of pleading, including admission thereof.

Legislation cited (12)

Cases cited (11)

  • Israel Lwanga v Leonard Mubiru & 3 Others (Supreme Court Civil Appeal No. 18 of 2022)
  • Moshe Mujogya & 3 Others v Smart Bwango & 2 Others (High Court Civil Suit No. 37 of 2018)
  • Silver Byaruhanga v Emmanuel Ruvugwaho & Anor (Supreme Court Civil Appeal No. 9 of 2014)
  • Biyinzika Enterprises Ltd & 2 Others v Biyinzika Farmers Ltd & Anor (Court of Appeal Civil Appeal No. 18 of 2017)
  • Jennifer Nsubuga v Michael Mukundane and Shine Asiimwe (Court of Appeal Civil Appeal No. 208 of 2018)
  • Vivo Energy (U) Ltd v Lydia Kisitu (Supreme Court Civil Appeal No. 7 of 2015)
  • Sir John Bagaire v Arnest Matovu (Court of Appeal Civil Appeal No. 7 of 1996)
  • David Sejjaka Nalima v Rebecca Musoke (Court of Appeal Civil Appeal No. 12 of 1985)
  • Nabanoba Deziranta & Anor v Kayiwa Joseph & Anor (High Court Land Division Civil Suit No. 497 of 2005)
  • Active Auto Mobile Spares Ltd v Crane Bank Ltd & Anor (Supreme Court Civil Appeal No. 21 of 2001)
  • Makula International v His Eminence Cardinal Nsubuga (Court of Appeal Civil Appeal No. 4 of 1981)

Cases citing this judgment (1)

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.

Full judgment

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Kibulwe Simon and Others v Paul Mbazzi Kiggye and Others (Civil Suit No. 47 of 2019) [2025] UGHCFD 84 (10 June 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.