Wakilii

Makmot v National Water and Sewarage Corporation and Another (Civil Suit No. 243 of 2011)

High Court · [2021] UGHCLD 111 · 2021 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of land and cancellation of allegedly fraudulent lease
Decision
Suit dismissed; plaintiff had already received alternative plots from 2nd defendant via consent order

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The plaintiff's initial two-year lease expired in 1977 and was never extended because he failed to comply with the conditions for extension. The lease offer was withdrawn in 1990 after the plaintiff failed to develop the land. By the time the 1st defendant obtained the lease in 1995, the plaintiff held at most a tenancy at sufferance with no enforceable rights. The court held that no fraud was proved against the 1st defendant and dismissed the suit, as the plaintiff had already been compensated with alternative plots through a consent order with the 2nd defendant.

Outcome

Suit dismissed; plaintiff had already received alternative plots from 2nd defendant via consent order

Facts

The plaintiff was offered a lease for plot 12, Maruzi Road, Lira Municipality in 1975. A certificate of title was issued in his name in 1977 for an initial term of two years, extendable to 49 years upon compliance with conditions including development of the land. The plaintiff failed to develop the land or meet the extension conditions. In 1990, the lease offer was formally withdrawn. Between 1975 and 1993, the plaintiff paid ground rent but made no further payments thereafter. In 1995, the 1st defendant was granted a lease over the same land by the 2nd defendant. The 1st defendant entered possession and remained unchallenged by the plaintiff for years. In 2011, the plaintiff sued, claiming fraud. During the proceedings, the plaintiff settled with the 2nd defendant via consent order in 2018, receiving alternative plots in Lira municipality in full and final settlement.

Issues

  1. Whether the plaintiff is the rightful lessee of the suit land
  2. Whether the lease for the 2nd defendant in favour of the 1st defendant was obtained fraudulently
  3. What remedies are available to the parties

Orders

  • Suit dismissed.
  • 1st defendant awarded 50% of the costs of the suit.

Rules and key headnotes

Leasehold — Expiry and Non-Extension of Lease — Failure to Comply with Conditions
Where a lessee is granted an initial short-term lease extendable to a longer term upon compliance with specified conditions, and the lessee fails to meet those conditions, the lease expires at the end of the initial term and the property reverts to the lessor without the lessee acquiring any further interest.
Tenancy at Sufferance — Nature and Rights of Tenant
A tenant at sufferance arises by implication of law where a tenant having entered upon land under a valid title holds over at the end of the tenancy without the landlord's assent or dissent. Such a tenant acquires no interest in the land and has no enforceable rights. A tenancy at sufferance may be terminated at any time without notice.
Fraud — Burden and Standard of Proof in Land Matters
Fraud must be specifically pleaded and specifically proved to a standard higher than in an ordinary suit. Fraud vitiates all transactions, but allegations of fraud must be supported by evidence establishing dishonesty, false representation, or intentional concealment intended to deceive another party.
Pleadings — Amendment of Pleadings — New Claims After Consent Order
A party is bound to prove the case as alleged in the pleadings and covered in the issues framed. Where circumstances change following a consent order or settlement, and a party seeks to introduce new prayers or claims not originally pleaded, the party must obtain leave of court to amend the pleadings before seeking relief on the new claims.
Unjust Enrichment — Compensation for Same Property from Multiple Sources
Where a plaintiff has already received compensation in the form of alternative property from one defendant by consent order, an award of further monetary compensation or replacement value for the same claimed interest from another defendant would amount to unjust enrichment and should not be granted.

Legislation cited (1)

Cases cited (11)

  • Inter freight forwarding (U) Ltd v East African Development Bank (Civil Appeal No. 33 of 1993)
  • Kato and Another v Nalwoga (Supreme Court Civil Appeal No. 3 of 2013)
  • F.J.K Zaabwe v Orient Bank and 5 Others (Supreme Court Civil Appeal No. 4 of 2006)
  • George William Kakoma v Attorney General [2010] HCB 1 at page 78
  • Kampala Bottlers Ltd v Damaniaco (U) Ltd (Supreme Court Civil Appeal No. 2 of 1992)
  • F.I.K Zaabwe v Orient Bank and 5 Others (Supreme Court Civil Appeal No. 4 of 2002)
  • Sebuliba vs Cooperative Bank Ltd. [1982] HCB 130
  • Oketha v Attorney General (Civil Suit No. 0069 of 2004)
  • Fam International Ltd and Ahmad Farah vs Mohamed El Fith [1994] KARL 307
  • Etoma Francis v Alex Agandru and 3 Others (High Court Civil Suit No. 0007 of 2011)
  • Uganda Posts and Telecommunications v Abraham Kitumba (Supreme Court Civil Appeal No. 36 of 1995)

Full judgment

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

Makmot_v_National_Water_and_Sewarage_Corporation_and_Another_(Civil_Suit_No._243_of_2011)_[2021]_UGHCLD_111_(23_August_2021)
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.