Mohammed v Nayiga (Civil Appeal No. 231 of 2019)
Observed later treatment
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Holding
In a double-titling dispute, the Court of Appeal dismissed the appeal and upheld the trial court's finding that the respondent was a bona fide purchaser for value without notice. The Court held that under-declaring a land's value on a transfer form to reduce stamp duty does not, by itself, amount to fraud, since the Chief Government Valuer's assessment settles the tax payable; the proper remedy is payment of the appropriate stamp duty. As fraud had not been pleaded by way of counterclaim nor proved, and the respondent had performed due diligence and enjoyed quiet possession, her title prevailed. The Court found the appellant's forceful eviction in defiance of a court order to be contempt and an abuse of process.
Outcome
Appeal dismissed; trial court's judgment in favour of the respondent upheld
Facts
Both the appellant and respondent held certificates of title over the same land at Kawuku, Ggaba, Kyadondo Block 248 Plot 244. The appellant was registered on the original title from 1976, and a special certificate of title was later issued to him in 2000 after he reported his title lost, creating a double titling. The respondent was registered on a duplicate title in January 2001, having purchased the land from Geoffrey Ddingiro-Lwanga for UGX 30,000,000 paid in two instalments. The respondent's title showed a continuous, traceable chain of transactions recorded on the white page and in the Kalamazoo. She carried out a search at the land office, found the title genuine and unencumbered, took possession, and held quiet possession growing crops for about five years until the appellant violently evicted her in 2005 in defiance of an interim court order. The respondent sued in the High Court for trespass and fraud, sought vacant possession, cancellation of the appellant's title, general damages and costs. The trial judge declared the appellant a trespasser and granted all orders sought; the appellant appealed.
Issues
- Whether the respondent was a bona fide purchaser for value without notice of fraud.
- Whether the respondent had adduced evidence of fraudulent transfer.
- Whether the appellant, as a registered proprietor, could be held to be a trespasser and ejected from the suit land.
- Whether under-declaration of the land's value for stamp duty purposes amounted to fraud.
- Whether the trial judge failed to properly re-appraise the evidence on record.
Orders
- Appeal dismissed with costs to the respondent.
Rules and key headnotes
Legislation cited (4)
- Registration of Titles Act s.181
- Registration of Titles Act s.81
- Judicature Act (Court of Appeal Rules) Directions SI 13-1 r.30
- Land Reform Decree
Cases cited (7)
- Uganda v George Wilson Simbwa (Criminal Appeal No. 37 of 2005)
- David Sejjaka Nalima v Rebecca Musoke (Civil Appeal No. 12 of 1985)
- Bramwell v Bramwell, 1794211 K.B. 370
- John Busulwa v John Kityo and 2 Others (Civil Appeal No. 114 of 2003)
- Taylor v Stibbet (1803) All ER 432
- Sir John Bagaire v Ausi Matovu (Civil Appeal No. 7 of 1995)
- Betty Kizito v David Kizito and 7 Others (Civil Appeal No. 8 of 2018)
Cases citing this judgment (10)
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.
- Mutumba Ismael v Appollo Mushabe and Another (Civil Suit No. 23 of 2020)
- Magolo & Another v The Howe Christian Charitable Trust Limited & Others (Civil Suit 1 of 2021)
- Abdallah Abdarahaman v Amutos and 3 Others (Civil Suit 23 of 2015) followed
- Nanyonga v Ouma and 2 Others (HCT-00-LD-CS 2171 of 2016)
- Rugigana v National Social Security Fund (NSSF) (Civil Suit 2613 of 2015)
- Ntalo v Keezi and Others (Civil Suit 366 of 2017)
- Kimbugwe v Arebahona and Others (Civil Suit 2859 of 2016)
- Garelnabi v Nayiga (Civil Application No. 682 of 2022)
- Asindua v Nakafuuma and 5 Others (HCCS 23 of 2020)
- Habib ( As interim Administrator of the Estate of Late Ali ) v Kiggundu (HCCS 2124 of 2015)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.