Wakilii

Namuddu v Nsubuga and Another (798 of 2020; Civil Suit 838 of 2020)

High Court · [2023] UGHCLD 187 · 2023 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of land, mesne profits, vacant possession, general damages, and costs. Civil Suit No. 838 of 2020 consolidated with Civil Suit No. 798 of 2020.
Decision
Plaintiff declared lawful registered proprietor. 1st defendant ordered to vacate within 14 days. Case against 2nd defendant dismissed.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the plaintiff paid full consideration for the land comprised in Kibuga Block 24 Plot 162 at Lungujja, including an additional UGX 100,000,000 agreed at a family settlement meeting. The court rejected the 1st defendant's fraud allegations, finding that the defendant's own lawyer facilitated the transfer after receiving final payment and that the defendant willingly signed all transfer documents. The plaintiff was declared the lawful registered proprietor and granted vacant possession, general damages of UGX 10,000,000, and costs.

Outcome

Plaintiff declared lawful registered proprietor. 1st defendant ordered to vacate within 14 days. Case against 2nd defendant dismissed.

Facts

On 24 April 2018, the plaintiff entered into a sale agreement with the 1st defendant to purchase land at Kibuga Block 24 Plot 162 at Lungujja for UGX 600,000,000. The plaintiff paid the purchase price in installments totaling UGX 559,000,000, evidenced by receipts. The 1st defendant subsequently disappeared after receiving payments. Following a police complaint and family settlement meeting, the parties agreed the plaintiff would pay an additional UGX 100,000,000 as final settlement, which was paid through the 2nd defendant (the 1st defendant's lawyer) in two installments. The 1st defendant signed transfer documents and the plaintiff was registered on title in September 2020. The 1st defendant refused to vacate and filed Civil Suit No. 798 of 2020 alleging fraudulent registration. The plaintiff filed this suit seeking recovery of land, vacant possession, mesne profits, general damages, and costs.

Issues

  1. Whether full consideration was paid by the plaintiff Maxensia Namuddu to the 1st defendant Ahmed Nsubuga.
  2. Whether registration of the plaintiff to the suit land was fraudulent.
  3. What remedies are available to the parties.

Orders

  • A declaration that the plaintiff is the rightfully registered proprietor of the suit land comprised in Kibuga Block 24 Plot 162 at Lungujja.
  • An order of vacant possession is issued against Ahmad Nsubuga to vacate the suit land within 14 days from the date of judgment.
  • Mesne profits not awarded.
  • The plaintiff is granted UGX 10,000,000 (ten million only) as general damages.
  • The plaintiff awarded costs of the suit against the 1st defendant.
  • The case against the 2nd defendant is dismissed with costs against the plaintiff.

Rules and key headnotes

Contract Law — Sale of Land — Payment of Purchase Price — Proof of Full Consideration
Where a plaintiff produces receipts evidencing payment of installments totaling the agreed purchase price, and a memorandum of understanding signed by the defendant confirms that an additional sum was to be paid as final settlement, and that additional sum is paid and acknowledged by the defendant's lawyer, the plaintiff has discharged the burden of proving full consideration was paid.
Civil Procedure — Illiterates Protection Act — Application Where Defendant Represented by Advocate
Section 3 of the Illiterates Protection Act does not apply where an illiterate party is represented by an advocate who is a member of his family, the advocate testifies that he translated and fully explained the contents of the document to the defendant in a family meeting, and the advocate witnessed the transaction and received payment on behalf of the defendant.
Contract Law — Agency — Advocate as Agent — Binding Effect of Advocate's Actions
Once a client instructs an advocate to represent him in any transaction, the advocate is deemed to be his agent and the client cannot distance himself from the actions of his advocate.
Land & Property — Fraud — Registration — Burden of Proof
Fraud must be strictly proved with a burden heavier than the balance of probabilities generally applied in civil matters. The party alleging fraud must prove that the fraud was attributed to the transferee either directly or by necessary implication, meaning the transferee must be guilty of some fraudulent act or must have known of such act by somebody else and taken advantage of it.
Land & Property — Fraud — Registration — No Fraud Where Full Consideration Paid and Transfer Documents Willingly Signed
Where full purchase price has been paid, the seller's own lawyer facilitated the transfer after receiving final payment, the seller willingly signed all transfer documents in the presence of his lawyer and handed over all documents necessary for registration, the seller cannot subsequently claim that the registration was fraudulent.
Damages & Quantum — Mesne Profits — Wrongful Possession — No Profits Derived
Mesne profits are awarded where a defendant wrongfully withholds possession of land from the plaintiff and derives profits from the property. Where the defendant is in wrongful possession but there is no evidence that the defendant was deriving profits from the land, it is not appropriate to award mesne profits.
Damages & Quantum — General Damages — Breach of Contract — Refusal to Give Vacant Possession
Where a seller refuses to give vacant possession for over three years after receiving full purchase price and the plaintiff is registered as proprietor, the plaintiff is entitled to general damages for breach of contract to compensate for physical inconvenience, emotional distress, and mental anguish occasioned by the seller's conduct.

Legislation cited (7)

Cases cited (7)

  • Miller v Minister of Pensions [1947] 2 All ER 372
  • Fredrick Zaabwe v Orient Bank & Others (SCCA No. [number not stated] of 2006)
  • Kampala Bottlers Ltd v Damanico (U) Ltd (SCCA No. 22 of 1992)
  • George Kossedde Mukuuso v Samuel Ssebedde & 4 Ors (High Court Civil Suit No. 459 of 1999)
  • Brooke Bond Tea Farmers & Dealers Ltd versus Tom Kayondo & 2 Others
  • Stearns v Hutchison [1905] AC 15
  • Issist (U) Ltd v Italian Asphalt and Haulage & Anor (HCCS No. 1291 of 1999)

Full judgment

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

Namuddu_v_Nsubuga_and_Another_(798_of_2020;_Civil_Suit_838_of_2020)_[2023]_UGHCLD_187_(19_June_2023)
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.