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Molly Kubakurungi and Others v Commissioner Land Registration and Others (HCT-17-LD-CS-0164-2022)

High Court · [2024] UGHC 1265 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated civil suits challenging cancellation of land titles by Commissioner Land Registration
Decision
Plaintiffs' suit succeeded. Cancellation Order set aside. Plaintiffs' registration restored. Defendants' counterclaim dismissed with costs.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Commissioner Land Registration exceeded his powers under the Land Act by cancelling the plaintiffs' certificates of title on grounds of fraud. The defendants who sought the cancellation lacked locus as they were time-barred under the Limitation Act, the alleged fraud having been discovered by their predecessors in 1959. The plaintiffs were bona fide purchasers for value without notice of fraud. The cancellation order was set aside and the plaintiffs' registration on Plots 2, 3, 4, 5, and 6 was restored.

Outcome

Plaintiffs' suit succeeded. Cancellation Order set aside. Plaintiffs' registration restored. Defendants' counterclaim dismissed with costs.

Facts

Three sets of plaintiffs representing estates of Fred Rufaha, Samwiri Bindeba, and Mukalo Joseph claimed ownership of land at Namatove originally comprised in Bulemezi Block 882 Plot 1. Their predecessors had purchased portions from Sepiriya Matovu, administrator of the estate of Eriya Kaggwa. In 2018, the Commissioner Land Registration cancelled their separate certificates of title for Plots 2, 3, 4, 5, and 6, reconstituted the land as Plot 1, and registered it to administrators of the estate of Daudi Butamanyangamba. The Commissioner based his decision on historical correspondence showing a dispute between Butamanyangamba and Kaggwa in the 1930s-1960s over whether Kaggwa had purchased the land or merely provided a loan. The defendants alleged fraud in the original transfer to Kaggwa in 1968 and in subsequent transfers to the plaintiffs' predecessors. The plaintiffs maintained they were bona fide purchasers for value from Sepiriya Matovu who derived title from Kaggwa, whose title had been validated by ministerial order in 1957.

Issues

  1. Whether the third to sixth defendants had locus to move the Commissioner Land Registration for cancellation of certificates of title for the suit land.
  2. Whether the cancellation of the certificates of title on grounds of fraud was lawful.
  3. What remedies are available to the parties.

Orders

  • Plaintiffs' suit succeeded.
  • The third to fifth defendants' registration as proprietors of Bulemezi Block 882 Plot 1 through the Cancellation Order of 16.3.2018 was without legal basis.
  • Cancellation Order dated 16.3.2018 set aside.
  • Defendants' special certificate of title for Bulemezi Block 882 Plot 1 cancelled.
  • Registration of plaintiffs on Bulemezi Block 882 Plots 2, 3, 4, 5, 6 restored.
  • Commissioner Land Registration directed to implement the orders.
  • Counter claim dismissed.
  • Permanent injunction issued restraining defendants from making further claims or interfering with plaintiffs' possession.
  • Defendants to pay plaintiffs costs of the suit and counterclaim severally and jointly.
  • Partial consent judgment between plaintiffs, Attorney General and Commissioner Land Registration to be presented for endorsement.

Rules and key headnotes

Land Registration — Cancellation Powers — Commissioner Land Registration — Fraud
Section 91 of the Land Act Cap. 227 does not confer on the Commissioner Land Registration power to cancel certificates of title on grounds of fraud. A cancellation order based on fraud is ultra vires and illegal.
Limitation — Recovery of Land — Discovery of Fraud
Under the Limitation Act Cap. 80, time begins running for a claim in fraud when the fraud is discovered, not when subsequent successors in title discover it. Where fraud was discovered by a predecessor in 1959 and the claim brought in 2018, the claim is time-barred by Section 5 of the Limitation Act.
Bona Fide Purchaser — Protection — Section 25(d) Limitation Act
Section 25(d) of the Limitation Act protects purchasers for valuable consideration who had no knowledge of fraud or who did not have reason to believe that any fraud had been committed. Where counter-claimants adduce no evidence that plaintiffs' predecessors had knowledge of alleged fraud, the plaintiffs are protected as bona fide purchasers for value without notice.
Fraud — Standard of Proof — Civil Cases
In civil cases involving allegations of fraud, the standard of proof required is higher than the ordinary standard in civil cases, though not as high as in criminal cases. The degree of probability must be commensurate with the gravity of the allegation.
Quasi-Judicial Bodies — Application of Limitation Act
The Limitation Act Cap. 80 applies to the Commissioner Land Registration who sits in a quasi-judicial capacity just as it applies to courts.
Amendment — New Cause of Action
A court will not exercise its discretion to allow an amendment which constitutes a distinctive cause of action or which seeks to change by means of amendment the subject matter of the suit.

Legislation cited (6)

  • Evidence Act Cap.6 s.73
  • Evidence Act Cap.6 s.101
  • Limitation Act Cap.80 s.5
  • Limitation Act Cap.80 s.25(a)
  • Limitation Act Cap.80 s.25(d)
  • Land Act Cap.227 s.91

Cases cited (4)

Full judgment

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Molly Kubakurungi and Others v Commissioner Land Registration and Others (HCT-17-LD-CS-0164-2022) [2024] UGHC 1265 (25 April 2024)
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.