Namusisi and Others v Ntabazi (Civil Suit 887 of 1988)

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

The court held that the defendant had sold and transferred plots 654, 655 and 692 in Kibuga Block 16 to the late Sulaiti Jagwe under valid agreements of sale dated 13 November 1980 and 6 May 1981, with the properties registered in Jagwe's name. The defendant was estopped from denying the transfer having elected to complete it. The caveat lodged by the defendant was unlawful as he had no remaining interest in the properties after transfer. The defendant had no right to collect rents after the transfer and was ordered to refund sums wrongfully collected and pay general damages.

Outcome

Judgment entered in favour of the plaintiffs; defendant restrained from claiming ownership; permanent injunction granted; counterclaim dismissed

Facts

In 1980 and 1981, the defendant Francis M.K. Ntabazi entered into agreements of sale with the late Sulaiti Jagwe to sell three plots in Kibuga Block 16 (plots 654, 655 and 692). The first agreement named Uganda Hardworking Transport and Trading Company Limited as purchaser, but was signed by Sulaiti Jagwe as Managing Director. On completion of payment, the defendant signed transfer forms and the properties were registered in Sulaiti Jagwe's name on 27 November 1980 and 8 May 1981. After Jagwe's death, the plaintiffs (administrators of his estate) requested the defendant to find tenants for the premises. The defendant instead lodged a caveat on the titles and collected rents from October 1987 to October 1988, claiming the transfer had been only as security for loans. The plaintiffs sued for removal of the caveat, restraint of interference, and refund of rents collected.

Issues

1. Whether the defendant sold the suit premises to the late husband of the plaintiffs and whether the full purchase prices were paid.
2. Whether the suit premises were transferred to the deceased Sulaiti Jagwe as security for loans.
3. Whether the defendant lawfully lodged the caveat on the titles.
4. Whether the defendant lawfully collected rent from the tenants after the transfer in 1986.
5. Whether the plaintiffs are entitled to rent and mesne profits as claimed in the plaint.
6. What remedies are available to either party.

Orders

• The defendant is to refund the plaintiffs Shs. 480,000/= as money had and received as rent from October 1987 to October 1988.
• The defendant is to pay the plaintiffs a sum of Shs. 1,000,000/= as general damages.
• The defendant is to pay interest on the decretal sum at court rate from the date of judgment till payment in full.
• The defendant is to pay the costs of this suit to the plaintiffs.
• An order is hereby issued restraining the defendant from claiming ownership of the suit premises.
• A permanent injunction is hereby issued restraining the defendant, his servants, agents and tenants from interfering in the running and/or management of the suit premises.
• The counterclaim is dismissed with costs.

Rules and key headnotes

Legislation cited (4)

• Registration of Titles Act (Cap 205) s.56
• Registration of Titles Act (Cap 205) s.148
• Civil Procedure Rules Order 6 r.2
• Civil Procedure Act s.2

Cases cited (5)

• Solomon v Solomon [1897] AC 22
• R.U. Patel v Lalji Makanji [1957] EA 314
• Scarf v Jardine [1882] 7 App Cas 345
• Ambu Nair vs. Kelu Nair [1933] 35 Bom L.R 807
• Paul Kalule vs. Losera Namazi [1974] H.C.B 187

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.

• Namusisi and Others v Ntabazi (Civil Suit No. 887 of 1988 - RULING -1)

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