Wakilii

Mukasa alias Bisenge v Turumanya and 5 Others (Civil Suit 694 of 2019)

High Court · [2024] UGHCLD 125 · 2024 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of fraud and recovery of land
Decision
Plaintiff's claim dismissed; counterclaim by 5th and 6th defendants succeeded with declaration of ownership and permanent injunction issued; caveats ordered removed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiff voluntarily entered into valid land sale agreements with the 1st defendant and transferred the suit land. The plaintiff's claim that the agreements were merely security for a loan was rejected as the agreements were unambiguous and signed by the plaintiff without any rescission. The parole evidence rule precluded extrinsic evidence contradicting the written agreements. The 1st defendant bonafidely acquired registration of the plots and lawfully sold portions to the 5th and 6th defendants who became lawful owners. Plaintiff's fraud claim failed. Counter-claim by 5th and 6th defendants succeeded.

Outcome

Plaintiff's claim dismissed; counterclaim by 5th and 6th defendants succeeded with declaration of ownership and permanent injunction issued; caveats ordered removed

Facts

The plaintiff claimed he owned land (Block 265 Plot 8803, Bunamwaya, Wakiso District) inherited from his late father and sought to transfer his beneficial share into his name but lacked funds. In March 2019, he was introduced to the 1st defendant, a land dealer, who agreed to facilitate the transfer for UGX 7 million to be raised from selling 15 decimals. The plaintiff handed over documents to the 1st defendant. The plaintiff alleged the 1st defendant fraudulently sold the entire land to other defendants and subdivided it into multiple plots (9634, 9635, 9670, 9671) without his knowledge. The 1st defendant testified that the plaintiff voluntarily sold portions of the land to him at different times for agreed sums (UGX 20 million for 15 decimals in April 2019, and UGX 370 million for approximately 70 decimals in July 2019), producing signed sale agreements and transfer forms. The 1st defendant then sold portions to the other defendants. The 5th and 6th defendants paid UGX 109 million for Plot 9671.

Issues

  1. Whether the 1st Defendant bonafidely gained registration over Plots 9634, 9670 and 9671 without fraud.
  2. Whether the 2nd to 6th Defendants lawfully and bonafidely bought the suit land for valuable consideration.
  3. What remedies are available to the parties?

Orders

  • The Plaintiff's case is dismissed.
  • A declaration that the 5th and 6th counter claimants are the lawful owners of the suit land.
  • A permanent injunction restraining the counter Defendant/Plaintiff and their servants from interfering with the counter claimant's interest in the suit land.
  • The Registrar of Titles is ordered to remove all caveats lodged by the counter Defendant on the suit land.
  • General damages are not awarded.
  • Interest on general damages is not granted.
  • Half of the costs are awarded to the counterclaimants and the 1st, 2nd and 4th Defendants.

Rules and key headnotes

Contract Law — Interpretation of Written Agreements — Parole Evidence Rule
Where parties have executed a written agreement, the court's role is to give the agreement its true meaning and not to assume what the parties should have agreed to. Extrinsic evidence is inadmissible to contradict or vary the terms of an unambiguous written contract. The parties' intentions must be ascertained from the words they have used unless the language creates an ambiguity that cannot be resolved otherwise.
Contract Law — Formation — Requirements for Valid Contract
A contract is defined as an agreement made with free consent of parties with capacity to contract, for lawful consideration and with a lawful object, with the intention to be legally bound. Once these elements are established, the parties are bound by the terms of their agreement.
Evidence — Burden of Proof — Civil Matters — Balance of Probabilities
In all civil matters, the onus rests on the plaintiff who must adduce evidence to prove his or her case on the balance of probabilities if he or she is to obtain the relief sought.
Land & Property — Fraud — Requirements for Proving Fraud in Land Transactions
Fraud denotes any act of dishonesty or intentional perversion of truth for the purpose of inducing another to part with something valuable. To succeed on an action based on fraud, the plaintiff must attribute fraud to the transferee by showing the defendant is guilty of some dishonest act or must have known of such act by somebody else and taken advantage of it.
Land & Property — Bona Fide Purchasers — Registration Following Valid Purchase
Where a defendant purchases land pursuant to valid sale agreements and is provided with duly signed transfer forms by the registered proprietor, the defendant's subsequent registration of title is bonafide and without fraud, absent evidence of dishonesty or knowledge of fraudulent conduct.

Legislation cited (5)

Cases cited (7)

  • Miller v Minister of Pensions (1947) 2 All ER 372
  • Stockloser v Johnson (1954) 1 All ER 630
  • F L Schuler AG v Wickman Machine Tools Sales Ltd [1973] 2 All ER 39
  • Zabwe Fredrick v Orient Bank & Others (SCCA No. 4 of 2006)
  • Kampala Bottlers Ltd v Domanico (U) Ltd (SCCA No. 22 of 1992)
  • Charles Acire v Myaana Engola (HCCS No. 143 of 1993)
  • Boschcon Civil & Electrical Construction Co (U) Ltd v Salini Costruttori Spa (HCCS No. 151 of 2008)

Full judgment

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

Mukasa_alias_Bisenge_v_Turumanya_and_5_Others_(Civil_Suit_694_of_2019)_[2024]_UGHCLD_125_(23_January_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.