Ntumwa v Liao Qingling & Another (Civil Suit 735 of 2022)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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 found that the defendant fraudulently obtained a special certificate of title by forging signatures, using non-existent commissioners for oaths and advocates, and processing the title while the registered proprietor was abroad. The special certificate and subsequent transfer were procured by fraud and void under s.76 Registration of Titles Act. The court ordered cancellation of the fraudulent title, deregistration of the defendant, reinstatement of the counter claimant, permanent injunction, and awarded special, general and punitive damages.

Outcome

Counter claimant's title rights restored; fraudulent special certificate cancelled; counter defendant deregistered and permanently enjoined from dealing with the land

Facts

Liao Qingling, a Chinese national, was the registered proprietor of land at Plot 3 Upper Naguru East Road. He left Uganda in 2018. In 2022, while he was in China, Ntumwa Dennis applied for and obtained a special certificate of title in Liao's name, then transferred the property into his own name in June 2022. Ntumwa issued eviction notices to caretakers in July 2022. Investigation revealed multiple fraudulent elements: forged signatures on the application and transfer documents, a non-existent commissioner for oaths (Muhumuza Jackson), a non-existent advocate (Kiyimba Hassan), a phased-out passport copy used for the transfer, and a police report from the wrong station. Liao travelled from China to Uganda to pursue the counterclaim. The counter defendants did not appear and the matter proceeded ex parte.

Issues

1. Whether the 1st counter defendant's actions of obtaining the special certificate of title to the suit land in the names of the counter claimant and the subsequent transfer into his names were tainted with fraud and illegality?
2. Whether the counter claimant is entitled to the remedies sought?

Orders

• The 1st counter defendant to surrender the special certificate of title for land comprised in LRV1738 Folio 8 Plot 3 Upper Naguru East Road to the 2nd counter defendant for cancellation.
• The 2nd counter defendant to cancel the special certificate of title for land comprised in LRV1738 Folio 8 Plot 3 Upper Naguru East Road fraudulently obtained by the 1st counter defendant.
• The 2nd counter defendant to deregister the 1st counter defendant on title LRV1738 Folio 8 Plot 3 Upper Naguru East Road whose registration was acquired fraudulently.
• Permanent injunction against the 1st counter defendant prohibiting him from dealing with land comprised in LRV1738 Folio 8 Plot 3 Upper Naguru East Road.
• Award of UGX 5,000,000 as punitive damages to the counter claimant.
• Award of USD 11,850 as special damages to the counter claimant.
• Award of UGX 10,000,000 as general damages to the counter claimant.
• Interest at 10% per annum on punitive and general damages from date of judgment until payment in full.
• Costs of the suit to the counter claimant.

Rules and key headnotes

Legislation cited (2)

• Registration of Titles Act s.76
• Civil Procedure Act s.27(2)

Cases cited (2)

• Fredrick J.K Zaabwe v Orient Bank Ltd and Others (Civil Appeal No. 4 of 2006)
• Daniel Oboth v The New Vision Printing and Publishing Corporation (Civil Appeal No. 12 of 1990)

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