Nabalanza and Another v Nabitetenankinga and Another (Civil Suit 705 of 2017)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court held that the defendant fraudulently transferred land into her own name as purported purchaser, in breach of trust and contrary to the terms of the power of attorney and memorandum of understanding, which only authorised her to sell the land and remit proceeds to the first parties. The power of attorney terminated upon the death of one of the donors, Nambooze, before the transfer was effected. The transfer forms violated the Illiterates Protection Act as the elderly illiterate donors' thumbprints were obtained without proper certification. The defendant's registration was illegal and the land belongs to the estate of the late Nabanoba Deziranta.
Outcome
Plaintiffs declared rightful administrators of estate owning suit land; defendant's registration cancelled; permanent injunction granted
Facts
The plaintiffs are administrators of the estate of the late Nabanoba Deziranta, who jointly owned land with Nambooze Edrisa in Busiro Block 379 Plot 10. In 2010, following successful litigation to recover the land from fraudsters, Nabanoba was registered on title and handed the certificate to the defendant for safe custody. The defendant had helped fund the earlier litigation. On 20 October 2010, Nabanoba and Nambooze executed a power of attorney authorising the defendant to sell the land and remit proceeds to them. On 30 January 2011, a memorandum of understanding was signed to the same effect. The defendant was to remove squatters and sell the land. Transfer forms dated 30 January 2011 named the defendant as purchaser. Nambooze died before the transfer was effected. On 10 February 2012, the land was transferred into the defendant's name, recorded as a gift. Nabanoba subsequently complained to police and filed suit, disputing the transfer. She revoked the power of attorney on 29 April 2013 and died on 3 September 2013. The plaintiffs were granted letters of administration on 9 January 2014.
Issues
- Whether the defendant acquired and transferred the suit land into her name fraudulently.
- Whether the defendant's power of attorney is valid after the death of the donor.
- Whether the registration of the defendant on the duplicate certificate of title for the deceased's land is still legal and valid.
- What are the remedies available to the parties?
Orders
- A declaration that the suit land belongs to the estate of the late Nabanooba Deziranta.
- An order directing the Registrar of Title to cancel the defendant's name from title and replace it with that of the plaintiffs as administrators of late Nabanooba Deziranta.
- A permanent injunction restraining the defendant, her agents, assignees, legal representatives or transferees from any further interference and/or claim on the suit land.
- Forty million Uganda shillings (40,000,000/=) awarded as general damages.
- No order as to costs.
Rules and key headnotes
Legislation cited (5)
Cases cited (6)
- Miller v Minister of Pensions [1947] 2 ALL ER 372
- Fredrick Zaabwe v Orient Bank & Others (Supreme Court Civil Appeal No. 04 of 2006)
- Kampala Bottlers Ltd v Damanico (U) Ltd (Supreme Court Civil Appeal No. 22 of 1992)
- Gold Trust Bank (U) Ltd v Josephine Zalwango Nsimbe (High Court Civil Suit No. 226 of 1992)
- Storms v Hutchinson [1905] AC 515
- Violet Nakiwala & 2 Others v Ezekiel Rwekibira and Another (High Court Civil Suit No. 280 of 2006)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.