Wakilii

Masereka & Ors v Nswemu & Anor (Civil Suit No. 330 of 2014)

High Court · [2015] UGHCLD 36 · 2015 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for cancellation of fraudulently obtained title and reinstatement of deceased registered proprietor
Decision
1st defendant's registration cancelled; estate of late Yekoyasi Mayanja reinstated as registered proprietor; permanent injunction granted; general damages of UGX 60 million awarded with 8% interest per annum from judgment date

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a certificate of title is obtained by fraud through a forged transfer, the registration is void and must be cancelled under Registration of Titles Act s.177. The court found that the 1st defendant's registration was based on a fraudulent transfer bearing a forged signature of the deceased registered proprietor. The fraudulent registration was cancelled and the estate of the original proprietor reinstated. General damages of UGX 60 million were awarded for mental anguish and inconvenience caused by the fraudulent claim.

Outcome

1st defendant's registration cancelled; estate of late Yekoyasi Mayanja reinstated as registered proprietor; permanent injunction granted; general damages of UGX 60 million awarded with 8% interest per annum from judgment date

Facts

In 1961, Yekoyasi Mayanja purchased land comprised in Kyadondo Block 195 Plot 169 at Kyanja measuring approximately 3 acres from M.K. Sempira. He was registered as proprietor in March 1968 and lived on the land until his death in 1983. His family continued to occupy the land. In 2009, unknown persons attempted to transact on the land and produced a special certificate of title showing the 1st defendant as registered proprietor. Police investigation revealed a photocopy purporting to show a 1973 transfer from Yekoyasi Mayanja to the 1st defendant. The plaintiffs, administrators of the deceased's estate, obtained letters of administration in 2010. A handwriting expert examined the transfer form and found that the deceased's signature had been forged. The 1st defendant never filed a defence despite being served with summons.

Issues

  1. Whether the 1st defendant got registered on the title fraudulently
  2. Whether the 1st defendant's name can be cancelled from the certificate of title
  3. What remedies are available to the parties

Orders

  • The late Yekoyasi Mayanja is the lawful owner of the suit land.
  • 1st defendant's name on the certificate of title for the suit land be cancelled.
  • The 2nd defendant reinstates the names of Yekoyasi Mayanja as the registered proprietor on the suit land.
  • A permanent injunction doth issue restraining the defendant from dealing with or trespassing on the suit land.
  • A permanent injunction doth issue against the defendant or any one claiming under them from further disturbing the plaintiffs' quiet enjoyment.
  • The plaintiffs are awarded general damages of UGX 60 Million.
  • The amount in (6) above shall attract an interest rate of 8% per annum from the date of this judgment until payment in full.
  • The plaintiffs are awarded costs of this suit.

Rules and key headnotes

Land & Property — Fraudulent Title — Forged Transfer — Effect on Registration
Where registration of a proprietor is obtained through a transfer bearing a forged signature of the transferor, the registration is void and the certificate of title must be cancelled under s.177 of the Registration of Titles Act.
Land & Property — Fraud — Definition and Scope under Registration of Titles Act
Fraud under the Registration of Titles Act covers dishonest dealings in land and involves obtaining a material advantage by unfair or wrongful means, including making a false representation knowingly or without belief in its truth.
Land & Property — Fraud — Attribution to Transferee — Necessary Elements
For fraud to invalidate a title, it must be attributed either directly or by necessary implication to the transferee, that is, the transferee must be guilty of the fraudulent act or known of the fraudulent act by somebody else and has benefited or taken advantage of it.
Evidence — Ex Parte Proceedings — Effect of Uncontroverted Evidence
Where a defendant fails to file a defence and is not represented despite being duly served, and the case proceeds ex parte under Order 9 r.10(2) of the Civil Procedure Rules, the plaintiffs' uncontroverted evidence, if credible, establishes the facts pleaded.
Damages & Quantum — General Damages — Assessment — Mental Anguish and Inconvenience
General damages for fraudulent title claims are compensatory in nature and should restore satisfaction, as far as money can do it, to the injured plaintiff, taking into account extreme anguish, inconvenience, and unnecessary anxiety caused by the fraudulent actions.

Legislation cited (5)

Cases cited (8)

  • John Katarikawe v Katwiremu & Anor (1977) HCB 1872
  • David Ssejaka v Rebecca Musoke (Supreme Court Criminal Appeal No. 12 of 1998)
  • Petero Balaba & 2 Ors v Kagaba Moses & 2 Ors (High Court Civil Suit No. 1417 of 1999)
  • Grace Matovu v Teopista Nabala & 5 Ors (High Court Civil Suit No. 243 of 2013)
  • Kyagulanyi Coffee Ltd v Steven Tumusange (Court of Appeal Civil Appeal No. 9 of 2001)
  • Takiya Kashwahiri & Anor v Kajungu Denis (Court of Appeal Civil Appeal No. 85 of 2011)
  • Jennifer Rwanyindo Aurelia & Anor v School Outfitters (U) Ltd (Court of Appeal Civil Appeal No. 53 of 1999)
  • National Pharmacy Ltd v Kampala City Council [1979] HCB 25

Full judgment

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

Masereka & Ors Vs Nswemu & Anor (Civil Suit No. 330 of 2014) [2015] UGHCLD 36 (27 August 2015)
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.