Wakilii

Mukisa Robert v Kaaya and 6 Others (Civil Review 2 of 2022)

High Court · [2022] UGHCLD 221 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of judgment in earlier civil suit under sections 82 & 98 CPA, Order 46 rules 1 & 2, Order 52 rules 1 & 3 CPRs
Decision
Application for review dismissed with costs; certificates of title remain cancelled as per earlier judgment in Civil Suit No. 143 of 2010

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for review. Where an applicant shares the same postal address as his predecessors in title who were found culpable of fraud, acquires property during protracted litigation, and fails to make inquiries despite circumstances that would put a reasonable person on notice, he cannot claim to be a bona fide purchaser for value without notice. The applicant had constructive notice of fraud orchestrated by his predecessors in title and does not qualify for the protection afforded by section 189 of the Registration of Titles Act.

Outcome

Application for review dismissed with costs; certificates of title remain cancelled as per earlier judgment in Civil Suit No. 143 of 2010

Facts

The applicant Mukisa Robert claimed to be the registered proprietor of three plots of land at Bunamwaya, having purchased them from Mugume Simon in 2020. The certificates of title for these plots had been cancelled by court order in Civil Suit No. 143 of 2010, to which the applicant was not a party. The applicant learned of the cancellation in October 2021 and filed this review application, claiming to be a bona fide purchaser for value without notice. Evidence showed that the applicant shared the same postal address (P.O. Box 7056 Kampala) with his immediate predecessor Mugume Simon and with Charles Matovu, the 3rd respondent who had been found culpable of fraud in the earlier suit. All three transfers occurred within a few months in 2020, while Civil Suit No. 143 of 2010 was pending judgment. The suit land had been the subject of protracted litigation for over 10 years and had been encumbered with caveats. The Registrar of Titles had testified in the earlier suit that identity requirements had not been met for transfers involving Charles Matovu.

Issues

  1. Whether the judgment and orders in HCCS No. 143 of 2010 should be reviewed and set aside on the ground that the applicant was not a party to those proceedings.
  2. Whether the applicant qualifies as a bona fide purchaser for value without notice entitled to protection under section 189 of the Registration of Titles Act.
  3. Whether the applicant had actual or constructive notice of fraud affecting title to the suit land.

Orders

  • Application dismissed.
  • Costs awarded to the 2nd Respondent.

Rules and key headnotes

Land & Property — Bona Fide Purchaser for Value Without Notice — Requirements — Good Faith and Absence of Sharp Practice
For one to claim the protection of a bona fide purchaser for value without notice under section 189 of the Registration of Titles Act, he must act in good faith and must not be found guilty of sharp practice. If he is guilty of fraud or sharp practice he will cease to be innocent and therefore lose the protection of the statute.
Land & Property — Bona Fide Purchaser — Burden of Proof
The burden of proof to establish the status of a purchaser in good faith lies upon the one who asserts it. This burden cannot be discharged by merely invoking the legal presumption of good faith.
Land & Property — Constructive Notice of Fraud — Duty to Make Inquiries
Notice of fraud need not be actual; it can also be constructive or imputed. When a purchaser acquires knowledge of circumstances which would ordinarily put an honest and reasonable man on inquiry and yet he does not undertake the necessary inquiries but wilfully closes his eyes to the possibility of finding out the existing defect, such a purchaser cannot claim to have bought in good faith.
Land & Property — Constructive Notice — Effect of Pending Litigation and Caveats
Where land has been the subject of protracted litigation for over 10 years, has been encumbered with caveats, and the office of the Registrar of Titles is aware of ongoing court disputes, these circumstances should interest a purchaser to make further inquiries into ownership. A purchaser who fails to make such inquiries has constructive notice of any fraud affecting title.
Civil Procedure — Review Applications — Vexatious Applications
The non-derogable right to a fair hearing is not available to a party who clearly files a vexatious application.
Civil Procedure — Review Applications — Evidence Tainted by Fraud
Where a party has been found culpable of fraud in earlier proceedings concerning the same subject matter, the court will expunge that party's affidavit in subsequent applications relating to the same land, on the basis that his hands are tainted with fraud.

Legislation cited (7)

Cases cited (3)

  • David Sejjaka Nalima v Rebecca Musoke (SCCA No. 12 of 1995)
  • Robert Lusweswe v G. W. Kasule and Another (Civil Suit No. 1010 of 1983)
  • Williams and Glyn's Bank Ltd v Boland [1981] AC 487

Full judgment

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

Mukisa_Robert_v_Kaaya_and_6_Others_(Civil_Review_2_of_2022)_[2022]_UGHCLD_221_(25_November_2022)
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.