Lududula and 6 Others v Rev Canon Luzinda and Others (Civil Suit No. 2029 of 2016)

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

The High Court held that the defendant's lease title expired in March 2013 because the Uganda Land Commission lacked authority to extend it after the 1995 Constitution vested reversionary interests in District Land Boards. The Luwero District Land Board, not the Uganda Land Commission, held the power to vary the lease under Land Act s.59(1)(c) and (8). The late lessee's failure to pay ground rent to the District Land Board and to apply for lease extension meant the lease expired by effluxion of time. The plaintiffs' freehold titles remained valid and unchallenged.

Outcome

Judgment entered for the Plaintiffs. Defendant's lease title ordered cancelled. Permanent injunction granted. Counterclaim dismissed.

Facts

The plaintiffs applied for and were granted freehold titles by Luwero District Land Board over 777.424 hectares comprised in FRV 1406 Folio 23 Plot 9 Bulemezi Block 769. In March 2014, when they attempted to demarcate the land, they were stopped by persons claiming to be beneficiaries of the Estate of the late Kulanima Kaaya. The late Kaaya had been granted a 44-year lease by Uganda Land Commission in 1969 over approximately 4480 acres, due to expire in March 2013. In 2012, before his death, Kaaya signed a variation deed with Uganda Land Commission extending the lease to 99 years. The defendant, as executor of Kaaya's estate, counterclaimed that the plaintiffs' titles were fraudulently obtained because Kaaya's lease subsisted. The plaintiffs argued that the lease had expired and that Uganda Land Commission lacked authority to extend it after the 1995 Constitution vested reversionary interests in District Land Boards. Evidence showed that Kaaya never paid ground rent to Luwero District Land Board after 1995 and never applied to the Board for lease extension.

Issues

1. Whether or not the Defendants/Counter-Claimant's lease title LRV 736 Folio 5 expired.
2. Whether or not the 1st Counter-Defendant is a bonafide purchaser for value without notice of land comprised in FRV 1406 Folio 25 Plot 11.
3. Whether or not the 2nd and 3rd Counter-Defendants obtained registration of their respective freehold interests in FRV 1407 Folio 3 Plot 10 Bulemezi Block 769 and FRV 1406 Folio 23 Plot 9 Bulemezi Block 769 fraudulently.

Orders

• Declaration made that the Plaintiffs are the legal owners of the land comprised in Freehold Register Volume 1406 Folio 23 Plot 9 Bulemezi Block 769.
• Consequential order issued directing the Commissioner Land Registration to cancel the Defendant's/Counter-claimant's lease title comprised in LRV 736 Folio 5 from the Lease Register as it was irregularly extended.
• Permanent injunction issued against the Executors of the will and the beneficiaries of the Estate of the late Kulanima Kaaya from interfering with the Plaintiffs' use and enjoyment of their rights in the land.
• Costs of the suit awarded to the Plaintiffs.
• Counterclaim dismissed with costs to the 2nd and 3rd Counter-Defendants.

Rules and key headnotes

Legislation cited (23)

• Constitution of Uganda 1995 Article 238(1)
• Constitution of Uganda 1995 Article 239
• Constitution of Uganda 1995 Article 240(1)
• Constitution of Uganda 1995 Article 241
• Constitution of Uganda 1995 Article 241(1)(a)
• Constitution of Uganda 1995 Article 241(4)
• Land Act Cap 227 s.1(m)
• Land Act Cap 227 s.46(1)
• Land Act Cap 227 s.49(a)
• Land Act Cap 227 s.53
• Land Act Cap 227 s.56(1)
• Land Act Cap 227 s.59
• Land Act Cap 227 s.59(1)
• Land Act Cap 227 s.59(1)(a)
• Land Act Cap 227 s.59(1)(c)
• Land Act Cap 227 s.59(8)
• Land Act Cap 227 s.60
• Land Act Cap 227 s.60(1)
• Land Act Cap 227 s.60(2)(c)
• Land Act Cap 227 s.95(3)
• Registration of Titles Act Cap 230 s.59
• Registration of Titles Act Cap 230 s.177
• Public Lands Act 1969

Cases cited (12)

• Ojede Adulla Bin Cona v Phoebe Lutalo (Court of Appeal Civil Appeal No. 126 of 2012)
• Nicholas Kanyanya v Paul Elvis Owori (Court of Appeal Civil Appeal No. 11 of 2013)
• Nyumba Ya Chuma Ltd v Uganda Land Commission and Attorney General (Constitutional Court Constitutional Petition No. 13 of 2010)
• Kampala District Land Board and Another v National Housing & Construction Corporation (Supreme Court Civil Appeal No. 2 of 2004)
• Makula International Ltd Vs. His Emminence Cardinal Nsubuga & Anor. (1982) HCB 11
• Daphine Negesa Musoke v Samu Investments Ltd (Court of Appeal Civil Appeal No. 85 of 2003)
• Dr Adeodanta Kekitiinwa and 3 Others v Edward Mando Wakida (Court of Appeal Civil Appeal No. 03 of 1997)
• The Environment Action Network Ltd v Joseph Eryau (Court of Appeal Civil Appeal No. 98 of 2005)
• Uganda Corporation Creameries Ltd and Another v Reamaton Ltd (Civil Reference No. 11 of 1999)
• Haji Numani Akulamusa v Friends Estates Limited (Court of Appeal Civil Appeal No. 104 of 2018)
• Hariprasad Ramabai Patel v Babubhai Kalidas Patel (High Court Civil Suit No. 981 of 1990)
• Lutalo Moses v Ojede Abdallah Bin Cona (Supreme Court Civil Appeal No. 15 of 2019)

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.

• Bugingo and Others v Sserunkuma and Others (Civil Suit 102 of 2022)
• Egaddu and Another v Registrar of Tittles and 2 Others (Civil Suit No. 3199 of 2016)

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