Wakilii

Kitakule & Ors v Nakiyimba & Anor (Civil Suit No. 2017 of 2014)

High Court · [2017] UGHCLD 105 · 2017 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of title, injunction, and damages arising from trespass and unlawful interference with registered land
Decision
Suit allowed with declarations, injunctions and damages. Counterclaim dismissed with costs.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that all plaintiffs are bonafide purchasers for value without notice of fraud — defendants failed to prove fraud attributable to plaintiffs at time of registration. The title MRV 152 Folio 12 was converted to Busiro Block 453 in 1962 and ceased to exist as a valid title under s.32 Registration of Titles Act. Uganda Police Land Protection Unit acted in excess of its powers by purporting to adjudicate land ownership and declare titles fraudulent. Defendants committed trespass by entering plaintiffs' land without consent and causing damage. Plaintiffs awarded declarations, permanent injunctions, special damages UGX 169,000,000 and general damages UGX 200,000,000.

Outcome

Suit allowed with declarations, injunctions and damages. Counterclaim dismissed with costs.

Facts

19 plaintiffs holding certificates of title for plots on Busiro Block 453 and 452 at Ntende and Ntabo brought suit against four defendants. Each plaintiff claimed to be registered proprietor of his/her respective plot, having purchased from prior registered owners. In 2013-2014, the 1st-3rd defendants entered the land claiming ownership based on title MRV 152 Folio 12 in the name of the late Daudi Kasimbazi (died 1959), the 1st defendant's father. Defendants, assisted by Police Land Protection Unit personnel, excavated sand and stones, cut trees and fences, destroyed crops and threatened violence. Uganda Police Land Protection Unit summoned meetings and made pronouncements that plaintiffs' titles were fraudulently obtained and invalid, directed plaintiffs to submit titles for verification, and threatened to declare them invalid. Plaintiffs claimed they are bonafide purchasers for value without notice and defendants had no lawful interest in the land. Defendants counterclaimed that the late Kasimbazi was rightful owner, all plaintiffs' titles were fraudulently obtained, and sought cancellation of plaintiffs' titles. The 4th defendant (Attorney General) filed defence denying liability but did not attend trial.

Issues

  1. Whether each of the plaintiffs is a bona fide purchaser for value for each of the property for which he or she is registered as proprietor on the respective certificates of title.
  2. Whether the certificate of title known as Mailo Register Volume 152 Folio 12 is valid and legal.
  3. Whether the actions of the Uganda Police Land Protection Unit are in excess of its powers, illegal and arbitrary.
  4. Whether the defendants trespassed on the suit land.
  5. Whether the plaintiffs are entitled to the remedies prayed for.

Orders

  • Declaration that each plaintiff is the duly registered proprietor of his or her respective plot of land as indicated in Annex A to the plaint.
  • Declaration that each plaintiff is a bonafide purchaser for value without notice and their respective titles are valid and cannot be impeached.
  • Declaration that actions of Uganda Police Force, Land Protection Unit interfering with plaintiffs' rights are in excess of police powers, illegal and arbitrary.
  • Declaration that no finding or investigative report of Uganda Police Land Protection Unit on land ownership can be binding against registered proprietors.
  • 1st, 2nd and 3rd defendants ordered to deliver up to Commissioner for Land Registration for cancellation the duplicate certificate of title Busiro MRV 152 Folio 12 within 21 days, failing which Commissioner directed to recall and cancel same.
  • Permanent injunction restraining 1st, 2nd, 3rd and 4th defendants, their servants and agents from entering upon plaintiffs' land, trespassing or performing any activity thereon including mining, quarrying, planting, felling trees, fishing or any interference with plaintiffs' ownership and peaceful enjoyment.
  • Permanent injunction restraining officers of Uganda Police Force, Land Protection Unit, Uganda Peoples' Defence Forces from interfering with plaintiffs' rights of ownership, exclusive possession and peaceful enjoyment.
  • Permanent injunction restraining servants/agents of 4th defendant from acting as a court adjudicating or making binding pronouncements on ownership of suit land or issuing threats of eviction.
  • Special damages of UGX 169,000,000 awarded to plaintiffs.
  • General damages of UGX 200,000,000 awarded to plaintiffs.
  • Both special and general damages to attract interest at 8% per annum from date of judgment until payment in full.
  • Plaintiffs awarded costs of the suit and costs of the counterclaim.
  • Counterclaim dismissed with costs to the plaintiffs.

Rules and key headnotes

Bonafide Purchaser for Value — Protection from Prior Fraud
A registered proprietor qualifies as a bonafide purchaser for value and is protected under ss.176(c) and 181 of the Registration of Titles Act where fraud of previous proprietors has not been brought home to him or his agents. Mere omission to make further inquiries does not itself prove fraud unless it is shown that his suspicions were aroused and he abstained from inquiry for fear of learning the truth.
Burden of Proof — Fraud Against Registered Proprietor
To impeach the title of a registered proprietor on grounds of fraud, the party alleging fraud must prove actual fraud or dishonesty brought home to the registered proprietor or his agents at the time of registration. It is not sufficient to allege fraud in general terms without demonstrating how the fraud is attributable to the proprietor.
Conversion of Titles — Effect on Validity of Old Register
Where land registered under the Registration of Land Titles Ordinance, 1908 has been brought under the Registration of Titles Act and converted to the Block and Plot system, the old register is closed under s.32 and ceases to be a valid title. No further entries may be made on the closed register and it cannot support any transaction.
Indefeasibility of Title — Section 59 Registration of Titles Act
A certificate of title is conclusive evidence of ownership and the person named therein is the proprietor. Except in cases of proven fraud attributable to the registered proprietor at time of registration, a registered proprietor's title cannot be impeached.
Limits of Police Power — Land Ownership Disputes
The Uganda Police Force has no mandate or authority to determine proprietorship of land. Pronouncements by police officers that certificates of title are fraudulent or invalid and threats to declare them invalid are in excess of police powers, illegal and arbitrary. Only a court of competent jurisdiction may determine land ownership and the validity of titles.
Trespass to Land — Elements and Remedies
Trespass to land occurs when a person makes unauthorised entry upon land and thereby interferes or portends to interfere with another person's lawful possession. To succeed, plaintiff must prove lawful possession, defendant's entry or interference, and lack of lawful justification. Trespass is actionable per se without proof of damage, but where damage is occasioned, plaintiff is entitled to damages as would restore the pre-trespass position.
Proof of Special Damages
Special damages must be particularly pleaded and strictly proved, but need not always be proved by documentary evidence. Where pleaded particulars, oral testimony demonstrating loss, and admissions by defendants support the claim, special damages may be awarded even without strict documentary proof.

Legislation cited (10)

Cases cited (10)

  • Hajji Abdu Nasser Katende v Vithaldas Haridas & Co. Ltd (Civil Appeal No. 84 of 2003)
  • Hannington Njuki v William Nyuanzi (Civil Suit No. 434 of 1996)
  • David Sejjaka Nalima v Rebecca Musoke (Supreme Court Civil Appeal No. 12 of 1985)
  • Makula International v His Eminence Cardinal Nsubuga [1982] HCB 11
  • Justine E.M.N. Lutaaya v Stirling Civil Engineering Company (Supreme Court Civil Appeal No. 11 of 2002)
  • Watson vs. Murrey & Co. (1955) 1 ALL ER 411
  • GAPCO (U) Ltd v Transporters Ltd [2009] HCB 6
  • Shell (U) Ltd v Achillis Mukiibi (Court of Appeal Civil Appeal No. 69 of 2004)
  • Fredrick Zaabwe v Orient Bank Ltd (Supreme Court Civil Appeal No. 4 of 2007)
  • Sheik Mohammed Lubowa v Kitara Enterprises Ltd (High Court Civil Appeal No. 4 of 1988)

Full judgment

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

Kitakule & Ors v Nakiyimba & Anor (Civil Suit No. 2017 of 2014) [2017] UGHCLD 105 (22 December 2017)
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.