Naluyinda & 2 Others v Khauka & 2 Others (Civil Suit 501 of 2018)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court found that counter defendants had no legitimate interest in land at Kyaggwe Block 563 Plots 14 and 15 because they relied on a forged vesting order. The land was declared to belong to the estate of the late John Wycliff Lukato Sifuna. All titles issued in other parties' names were ordered cancelled. The court declined to award damages, mesne profits or costs because no grant of probate or letters of administration had been produced for the deceased's estate.
Outcome
Land declared to belong to estate of the late John Wycliff Lukato Sifuna; titles in other names to be cancelled; no monetary orders made pending proper estate administration
Facts
The late John Wycliff Lukato Sifuna was the registered proprietor of land at Kyaggwe Block 563 Plots 14 and 15. As a UPC supporter, he went into exile and left his certificate of title with Amon Livingstone Mukiibi for safe custody. As at 20 July 2017, the certificate of title remained in Sifuna's name. In 2017, counter defendants began trespassing on the land. The 1st counter defendant Khauka Denis filed suit claiming ownership based on a purchase from the late Amon Livingstone Mukiibi. Counter defendants relied on a vesting order from Jinja High Court Miscellaneous Cause No. 55 of 2017. On 12 August 2019, the Commissioner Land Registration issued notice that the vesting order was forged. The children and widow of the late Sifuna filed a counter claim asserting ownership. Sifuna died on 11 September 1990. No grant of probate or letters of administration had been produced.
Issues
- Who owns the suit land?
- What remedies are available to the parties?
Orders
- Counter claim allowed.
- The land at LRV 1262 Folio 8 Kyaggwe Block 563 Plots 14 and 15 belongs to the estate of the late John Wycliff Lukato Sifuna.
- All titles that were issued in other parties' names are to be cancelled.
- The suit land is to be registered in the names of the late John Wycliff Lukato Sifuna.
- No order as to general damages, mesne profits and costs.
Rules and key headnotes
Cases cited (1)
- Fredrick JK Zaabwe v Orient Bank Ltd and 5 Others (Supreme Court Civil Appeal No. 04 of 2006)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.