Moses Kasule Osare & anoer v Robinah Nabikolo & 2 oers (Civil Suit No 172 Of 1998) (Civil Suit No 172 of 1998)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that no valid title passed to the infant plaintiffs because they lacked legal capacity to contract, the alleged vendor Ruth Kazibwe was fictitious, and their mother Nuru Lutta was a party to fraud by signing forged transfer instruments on their behalf. The court dismissed the suit with costs and directed cancellation of the plaintiffs' certificate of title, ordering that the defendants as administrators of the estate of Clement Lule Kantinti Mbazira be registered in place of the plaintiffs.
Outcome
Plaintiffs' registration declared null and void; defendants to be registered as administrators of estate
Facts
The plaintiffs, registered as owners of Plots 399 and 400, Block 5 Kibuga in 1985 as minors, claimed through their mother Nuru Lutta that she purchased the land from Ruth Kazibwe in 1985. At registration, Moses Osare was 2 years old and Isa Osare was 1 year old. Transfer documents allegedly signed by the infant plaintiffs and witnessed by an advocate were exhibited. The defendants, children of the late Clement Lule Kantinti Mbazira, obtained Letters of Administration for their father's estate in 1999 and lodged a caveat, asserting the land belonged to their father's estate and the plaintiffs' titles were fraudulent. The advocate allegedly witnessing the transfers denied doing so. No sale agreement was produced, and no one could identify or locate Ruth Kazibwe. Evidence showed various third parties had purchased and occupied portions of the disputed land from James Mbazira, the defendants' brother, who claimed it as part of the estate.
Issues
- Whether there was a valid sale of land between Nuru Lutta and Ruth Kazibwe.
- Whether the plaintiffs acquired valid title to Plots 399 and 400, Block 5 Kibuga.
- Whether the plaintiffs have any valid interest in the suit land.
- Whether the defendants, as administrators of the estate of Clement Lule Kantinti Mbazira, have a valid interest in the suit land.
Orders
- Suit dismissed with costs.
- Registrar of Titles to cancel the certificate of title in the names of Issa Osare and Moses Osare.
- Defendants as administrators of the estate of Clement Lule Kantinti Mbazira to be registered in place of Issa Osare and Moses Osare.
Rules and key headnotes
Cases cited (2)
- Figueiredo v Nanji [1962] EA 756
- Sekabanja v Sajjabi [1983] HCB 55
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.