Namazzi and 2 Others v Ndiwalana and Another (Civil Suit 301 of 2018)

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, as administrators and beneficiaries of the deceased's estate, had an interest in the land. The 2nd defendant failed to discharge the burden of proving she was a bonafide purchaser for value without notice, having had actual notice that the transferors lacked good title and having failed to conduct adequate due diligence. The registration was illegal and fraudulent, being in violation of a prior court decree that revoked the transferors' letters of administration. The 2nd defendant was ordered to pay the 2003 purchase price of UGX 8,500,000 plus mesne profits and costs.

Outcome

Judgment entered in favour of the plaintiffs with monetary compensation awarded in lieu of cancellation of title; 2nd defendant remains registered proprietor but must compensate the estate

Facts

The plaintiffs were appointed administrators of the estate of the late Jamiru Kizito Ssalongo by decree in Civil Suit No. 143 of 2008 dated 7 July 2011. That decree revoked letters of administration previously granted to the 1st defendant and one Shaban Mubiru, and ordered re-transfer of estate land back into the deceased's name. The suit land (Block 277 Plot 19) remained registered in the deceased's name until 2 May 2011 when the 1st defendant and Mubiru were registered as administrators, and then on 8 September 2011 when it was transferred to the 2nd defendant. The 2nd defendant claimed to have purchased the land in 2003 from the 1st defendant and Mubiru for UGX 8,500,000 but transfer forms were only signed in 2006, after the 2nd plaintiff had lodged a caveat on 25 May 2006. The 2nd defendant was registered on 8 September 2011, after the decree revoking the 1st defendant's letters of administration. The 2nd defendant had subdivided the land and developed it, constructing her home thereon.

Issues

1. Whether the Plaintiffs have any interest in the suit land.
2. Whether the 2nd Defendant is a bonafide purchaser for value without notice and whether the registration of the 2nd Defendant on the Certificate of Title was lawful.
3. Whether the Plaintiffs are entitled to the remedies sought.

Orders

• The 2nd Defendant is hereby ordered to pay UGX 8,500,000 (Eight Million Five Hundred Thousand Uganda Shillings) as the market value of Block 277 Plot 19 when she purchased the same in 2003.
• General Damages of UGX 20,000,000 (Twenty Million Uganda Shillings Only) is awarded to the Plaintiffs to be paid by the 1st Defendant.
• The Plaintiffs are awarded mesne profits of UGX 17,000,000 (Seventeen Million Uganda Shillings) to be paid by the 2nd Defendant.
• Interest on (1) and (3) above at 6% per annum from date of delivery of this judgment till payment in full.
• Costs of this suit will be borne by the Defendants.

Rules and key headnotes

Legislation cited (8)

• Civil Procedure Act s.7
• Succession (Amended) Act 2022 s.2(ma)
• Succession (Amended) Act 2022 s.2(va)
• Registration of Titles Act s.54
• Evidence Act s.101(1)
• Evidence Act s.101(2)
• Registration of Titles Act s.178
• Registration of Titles Act s.178(b)

Cases cited (16)

• David Kabarebe v Major Prossy Nalweyiso (Court of Appeal Criminal Appeal No. 34 of 2003)
• David Sejjaaka Nalima v Rebecca Musoke (Court of Appeal Civil Appeal No. 12 of 1985)
• Pilcher V. Rawlins (1872) 7 Ch. App. 259
• Nekomia Obina and Others v Okumu Vincent and Others (Civil Appeal No. 42 of 2018)
• Dr David Kaggwa v Audrey Musimenta (Civil Appeal No. 195 of 2017)
• Jennifer Nsubuga v Micheal Mukundane and Another (Court of Appeal Civil Appeal No. 2018 of 2018)
• Sir John Bagire v Ausi Matovu (Civil Appeal No. 7 of 1996)
• Nabeta v Konde (High Court Civil Suit No. 391 of 2010)
• Fredrick Zaabwe v Orient Bank Ltd (Supreme Court Civil Appeal No. 4 of 2006)
• Robert Lusweswe v Kasule and Another (High Court Civil Suit No. 1010 of 1983)
• Kampala Bottlers Ltd v Damanico (U) Ltd (Supreme Court Civil Appeal No. 22 of 1993)
• Nanteza Mariam & 3 ors V Nasani Rwamunono & Anor
• Makula International V His Emminence Cardinal Nsubuga (1982) HCB 11
• Kampala District Land Board and Another v Venansio Babweyana (Civil Appeal No. 2 of 2007)
• Adrabo v Madira (Civil Suit No. 24 of 2013)
• Hunt V. Luck (1901) 1 Ch 45

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.

• Sekitoleko and 11 other v Commissioner Land Registration and Another (Miscellaneous Cause 18 of 2022)

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