Nazziwa v Nyombi & Anor (Civil Suit No.40 of 2013)

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 defendant fraudulently used forged letters of administration to transfer the deceased's land into his names as administrator. The true letters of administration in AC 1014/2007 were issued to a different person in respect of a different estate. Registration procured by fraud is void under Registration of Titles Act s.77. The plaintiff, as the sole surviving child of the deceased, is entitled to administer the estate in priority to the defendant grandson under Succession Act ss.27 and 202.

Outcome

Judgment entered for the plaintiff; defendant's registration cancelled; plaintiff granted right to administer estate; defendant to be evicted from land

Facts

The late Eriya Byemalo died intestate around the 1960s, leaving six children including the plaintiff. He was the registered proprietor of 44 hectares at Buruli Block 98 Plot 1, Machumu, Nakasongola. Before his death he distributed the land among his children. All children have since died except the plaintiff. The 1st defendant, a grandson of the deceased, obtained letters of administration purportedly issued on 5 June 2007 by Justice Oguli Oumo in AC 1014/2007 in respect of the late Eriya Byemalo's estate. Using this grant he registered himself as administrator on the deceased's land title on 20 August 2007. Investigation revealed that the true grant in AC 1014/2007 was issued on 10 September 2007 by Justice Mwanguhya to Jamal Abduo Nino in respect of a different deceased, Khalid Nino Abdhuo. The defendant used the forged grant to sell portions of the land, cut timber, and burnt the plaintiff's houses. The plaintiff lodged a caveat and filed suit. The defendant was served but never filed a defence. The suit proceeded ex parte.

Issues

1. Whether the defendant used forged letters of administration to transfer the deceased's estate into his names
2. What remedies are available to the parties

Orders

• A declaration that the plaintiff is the sole surviving biological child of the deceased entitled to administer the deceased's estate in priority to any other relatives.
• A declaration that the grant used by the 1st defendant is a forgery, illegal, null and void.
• An order that the plaintiff be granted letters of administration to the late Eriya Byemalo's estate.
• A declaration that the 1st defendant obtained registration of his names on to the late Eriya Byemalo's certificate of title to Buruli Block 98 Plot 1 land at Machumu Nakasongola through fraud.
• An order that the Registrar of Titles cancels the 1st defendant's names from the register in respect of land comprised in Bululi Block 98 Plot 1 land at Machumu Nakasongola and cancels all entries on the register made in favour of the 1st defendant and or his nominees and or his transferees.
• An order that the 1st defendant delivers the certificate of title to court for rectification of the register.
• An order that a permanent injunction do issue restraining the 1st defendant by himself, his servants and or agents from claiming, interfering with and or trespassing on the suit land.
• Eviction of the 1st defendant from the land.
• General damages to the tune of U.Shs.10,000,000/= (ten million) for fraud against the 1st defendant.
• Costs of the suit.

Rules and key headnotes

Legislation cited (3)

• Registration of Titles Act Cap 230 s.77
• Succession Act s.27
• Succession Act s.202

Cases cited (4)

• Massa v Achen [1978] HCB 279
• Makula International v His Eminence Cardinal Emmanuel Nsubuga & Another (Court of Appeal No. 40 of 1981)
• Moses Kizige v Muzakawo Batolewo [1981] HCB 66
• Assist (U) Ltd v Italian Asphalt & Haulage & Another (High Court Civil Suit No. 1291 of 1999)

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.

• Ssengendo Jafali and Another v Nangendo Lovinsa and Another (Civil Suit 85 of 2023)

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