Wakilii

Nabulya Ruth v Ssemwanga Peter & 4 Others (Civil Suit 752 of 2017)

High Court · [2024] UGHCLD 63 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of ownership, eviction, and damages for trespass and fraud
Decision
Plaintiff declared rightful owner; defendants' title cancelled; permanent injunction granted; damages and costs awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the suit land formed part of the estate of the late Dononzzio Kivumbi and that the plaintiff, as widow and beneficiary, was the rightful owner. The 1st and 2nd defendants fraudulently registered themselves as proprietors knowing of the plaintiff's interest. The 5th defendant was not a bonafide purchaser for value without notice as she failed to inquire from the plaintiff who occupied the land. The court ordered cancellation of title and awarded general damages of UGX 20,000,000.

Outcome

Plaintiff declared rightful owner; defendants' title cancelled; permanent injunction granted; damages and costs awarded

Facts

The plaintiff claimed she was the lawful owner of land at Mbuya, Busiro Block 493 Plot 42, given to her by her late husband Dononzzio Kivumbi, on which she had resided with her children since 2000. The 1st to 4th defendants (stepchildren of the plaintiff) allegedly trespassed and fraudulently sold the land to the 5th defendant. The defendants denied the plaintiff's case, contending the land never belonged to their father but was gifted by one Catherine Najjemba to the 1st defendant in 1990. They further alleged the plaintiff signed a memorandum of understanding consenting to the sale. The plaintiff denied signing any such agreement. The 5th defendant claimed she purchased after conducting a land registry search and finding title in the names of the 1st and 2nd defendants. The plaintiff and her daughter testified that the late Kivumbi owned the land. Defence witnesses gave contradictory testimony, with some later confirming the land belonged to their father's estate and that the plaintiff should retain it.

Issues

  1. Whether the suit property forms part of the estate of the late Dononzzio Kivumbi
  2. Whether the 1st and 2nd defendants were lawfully registered as proprietors on the suit property
  3. Whether the parties have any interest in the suit property and whether such interest can be impeached by fraud or trespass
  4. Whether the 5th defendant is a bonafide purchaser of value without notice
  5. Whether the plaintiff is entitled to any remedies sought

Orders

  • A declaration that the plaintiff is the rightful owner of the suit property.
  • A declaration that the defendants and their agents have no interest in the suit property.
  • A declaration that the plaintiff is entitled to quiet and exclusive possession of the suit land.
  • A permanent injunction is issued restraining the defendants and their agents or servants from interfering, staying or cultivating on the suit land.
  • A declaration that the 1st and 2nd defendants fraudulently acquired title over the suit land.
  • The Registrar of Titles is ordered to cancel title in the names of the 1st and 2nd defendants vide FHRV 1431 FOLIO 19 PLOT 16 Block 435.
  • General damages of UGX 20,000,000 awarded to the plaintiff against the 1st and 2nd defendants.
  • Interest of 10 percent per annum on general damages awarded.
  • Costs of the suit awarded against the 1st and 2nd defendants.

Rules and key headnotes

Land & Property — Fraudulent Registration — Knowledge of Existing Unregistered Interest
Where a person procures registration to defeat an existing unregistered interest of another person of which he is proved to have knowledge, such person is guilty of fraud and the registration can be impeached under section 177 of the Registration of Titles Act.
Land & Property — Bonafide Purchaser for Value — Duty to Inquire from Occupant
A purchaser who finds land occupied by another person but fails to make inquiries from the occupant is deemed to have actual notice of any adverse interest and does not qualify as a bonafide purchaser for value without notice. Carrying out a registry search alone is insufficient due diligence when land is occupied.
Evidence — Pleadings — Introduction of Unpleaded Defence
A defence not pleaded in the written statement of defence but introduced for the first time in evidence in chief constitutes an afterthought and the court cannot rely on it. Evidence must correspond to pleadings.
Tort Law — General Damages — Assessment for Trespass to Land
In assessing general damages for trespass to land, courts are guided by the value of the subject matter, the economic inconvenience suffered by the innocent party, and the nature and extent of the breach. The purpose is to put the plaintiff in the position they would have been in had they not suffered the wrong, not to punish the defendant.

Legislation cited (2)

Cases cited (11)

  • Miller v Minister of Pensions [1947] 2 ALL ER 372
  • Fredrick Zaabwe v Orient Bank & Others (Supreme Court Civil Appeal No. 4 of 2006)
  • Kampala Bottlers Ltd v Damanico (U) Ltd (Supreme Court Civil Appeal No. 22 of 1992)
  • John Katarikawe v W. Katwiremu & Ors
  • Ndimwibo Sande and 3 Others v Allen Peace Ampaire (Civil Appeal No. 65 of 2011)
  • Daniel Sempa Mbabali vs W.K Kiiza and others (1985) HCB
  • Hajji Abdu Nasser Katende v Vithalidas Haridas & Co. Ltd (Civil Appeal No. 84 of 2003)
  • Hannington Njuki v William Nyanzi (High Court Civil Suit No. 434 of 1996)
  • Elizabeth Nanteza N v Dr. Anthony Konde (Civil Suit No. 391 of 2010)
  • Charles Acire v Myaana Engola (High Court Civil Suit No. 143 of 1993)
  • Boschcon Civil & Electrical Construction Co. (U) Ltd v Salini Construttiri Spa (High Court Civil Suit No. 151 of 2008)

Full judgment

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

Nabulya_Ruth_v_Ssemwanga_Peter_&_4_Others_(Civil_Suit_752_of_2017)_[2024]_UGHCLD_63_(13_February_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.