Naiga and Anor v Kiwanuka and Anor (Civil Suit No. 234 of 2015)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that the Plaintiffs established a cause of action for fraudulent transfer of land title. The Defendants fraudulently obtained registration of land belonging to the late Nabawanuka Rosemary after her death. The court applied the principle from Makula International that illegality vitiates all questions even of procedure. The Defendants' registration was cancelled, the land ordered transferred to the estate administrators, and general damages of UGX 48,000,000 awarded for eight years' loss of use.

Outcome

Defendants' registration cancelled; suit land ordered transferred to estate administrators; damages and costs awarded to Plaintiffs

Facts

The late Nabawanuka Rosemary owned a kibanja on land comprised in Block 8 Plot 1145 Mengo with rental buildings. In 2000, she purchased the reversionary interest and the title was mutated via instrument No. KCA 220861. Upon her death in 2009, the certificate of title went missing and a police complaint was filed. The Plaintiffs, appointed administrators of the deceased's estate, discovered that the title had been fraudulently transferred to the Defendants after the deceased's death. The Defendants, who were unknown to the family, mortgaged the title to Stanbic Bank and provided false details. The fraudulent transfer became the subject of police investigations and separate court proceedings. The Defendants were served but failed to enter appearance, and the court granted leave to proceed exparte.

Issues

1. Whether the Plaintiffs have cause of action against the Defendants.
2. Whether the Plaintiffs are entitled to the reliefs sought.

Orders

• An order of cancellation of the Defendants' registration on the suit land in Kibuga block 8 plot 1148 Mengo granted.
• An order of transfer of registration in the names of Administrators of the estate of Rosemary Nabawanuka granted.
• Declaration that the suit land in the 1st Defendant's names and 2nd Defendant's names was procured through fraud and connivance granted.
• Declaration that the suit land belongs to the estate of the late Rose Nabawanuka granted.
• General damages of UGX 48,000,000 awarded to the Plaintiffs.
• Interest on general damages at court rate from date of judgment granted.
• Costs of the suit awarded to the Plaintiffs.

Rules and key headnotes

Cases cited (1)

• Makula International v His Eminence Cardinal Wamala (Civil Appeal No. 4 of 1981)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Bexus International Limited v Kikonyogo Investments Limited and Anor (H.C.Miscellaneous Application No. 500 of 2020)

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