Luyinda Livingstone v Nyakks & Lenny Enterprises Limited and Others (Civil Suit No. 659 of 2018)

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 land comprised in Kyadondo Block 245 Plot 207 at Kiuliriza forms part of the estate of the late Mwanje James who died intestate in 2008. All subsequent transfers executed by the defendants using forged documents purporting to bear the signature of the deceased were fraudulent and void. The court cancelled the fraudulent titles, restored the property to the deceased's estate, awarded general damages of UGX 32,000,000, and issued a permanent injunction restraining further interference.

Outcome

Fraudulent titles cancelled and property restored to the estate of the late Mwanje James; permanent injunction issued; general damages and costs awarded to the Plaintiff

Facts

The late Mwanje James died intestate on 27 August 2008, leaving land comprised in Kyadondo Block 245 Plot 207 at Kiuliriza. Letters of administration were granted to his son Mutesasira John Baptist in 2016. In February 2017, the Plaintiff (another son and beneficiary) discovered that the land had been fraudulently transferred to the 1st Defendant company in 2015 and subsequently to the 4th Defendant in 2017. The transfer documents bore the purported signature of Mwanje James and were executed in 2015 and 2017, years after his death in 2008. The Plaintiff remained in physical possession of the original duplicate certificate of title. The 2nd and 3rd Defendants, as directors of the 1st Defendant company, signed the fraudulent transfer forms. The 5th Defendant (Commissioner Land Registration) registered these transactions without verifying the identity of the transferor. The property was undervalued in the second transaction (UGX 48 million in 2017 versus UGX 80 million in 2015). The Plaintiff filed a caveat in August 2017 which the 5th Defendant failed to register.

Issues

1. Whether the suit property forms part of the estate of the late Mwanje James who died on 27th August, 2008?
2. Whether the 1st, 2nd, 3rd, 4th and 5th Defendants' dealings in the suit land were fraudulent and therefore null and void?
3. Whether the Plaintiff is entitled to the remedies sought?

Orders

• Declaration that the property comprised in Kyadondo Block 245 Plot 207 at Kiuliriza forms part of the estate of the late Mwanje James.
• Declaration that the 1st and 4th Defendants fraudulently obtained a certificate of title in respect of the suit property.
• Declaration that the 1st to 5th Defendants fraudulently dealt in the suit land and all their transactions were null and void.
• Declaration that the 1st to 4th Defendants have no lawful claim or interests over the suit land.
• Declaration that 1st and 4th Defendants' claim of ownership over the suit land contravenes the rights of the beneficiaries of the estate of the late Mwanje James.
• Permanent injunction issued restraining the Defendants, their agents, assignees, transferees or any person claiming an interest similar to that of the Defendants from any further acts of interference with the plaintiff's peaceful and quiet enjoyment of the suit land.
• Order to the Commissioner Land Registration for the recall and cancellation of the certificate of title to the 1st and 4th Defendants for land comprised in Kyadondo Block 245 Plot 207 Kiuliriza.
• Order directing the Commissioner Land Registration to cancel from the Land Register Book all the instruments effecting registration of the 1st and 4th Defendants on the certificate of title for the suit land dated 22nd October, 2015 and 1st March, 2017 respectively.
• Order directing the Commissioner Land Registration to restore the instrument dated 22nd January, 2007 in the names of Mwanje James in the register volume for the land comprised in Kyadondo Block 245 Plot 207 Kiuliriza.
• General Damages of UGX 32,000,000 awarded to the Plaintiff to be paid by the 1st, 2nd, 3rd and 4th Defendants in equal share (UGX 8,000,000 each).
• Interest at the court rate of 8% per annum on the general damages from the date of judgment until payment in full.
• Costs of the suit awarded to the Plaintiff.

Rules and key headnotes

Legislation cited (12)

• Registration of Titles Act Cap 240 s.176(c)
• Registration of Titles Act Cap 240 s.77
• Registration of Titles Act Cap 240 s.177
• Evidence Act Cap 8 s.101
• Evidence Act Cap 8 s.102
• Evidence Act Cap 8 s.103
• Succession Act Cap 268 s.20
• Succession Act Cap 268 s.21
• Succession Act Cap 268 s.88
• Civil Procedure Act Cap 282 s.27(2)
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules Order 9 rule 3

Cases cited (9)

• Fredrick Zaabwe v Orient Bank Ltd and Others (Supreme Court Civil Appeal No. 4 of 2006)
• Kamo Enterprises Ltd v Krystalline Salt Limited (Supreme Court Civil Appeal No. 8 of 2018)
• Semwanga Frank v Wasswa Lawrence and Another (High Court Land Division Civil Suit No. 155 of 2015)
• Adrabo v Madira (Civil Suit No. 0024 of 2013)
• Katarikawe v Katwiremu and Another (Supreme Court Civil Appeal No. 2 of 1977)
• David Sejjaka v Rebecca Musoke (Civil Appeal No. 12 of 1985)
• Uganda Revenue Authority v Wanume David Kitamire (Court of Appeal Civil Appeal No. 43 of 2010)
• Crown Beverages Ltd v Sendu Edward (Supreme Court Civil Appeal No. 1 of 2005)
• Uganda Development Bank v Muganga Construction Co. Ltd [1981] HCB 35

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.

• Mulondo v Freight Forwarders (u) Limited (Civil Miscellaneous Application No. 1720 of 2019)

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