Wakilii

Patel v Patel (Civil Appeal 18 of 1996)

Court of Appeal · [1997] UGCA 21 · 1997 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from a High Court judgment allowing the respondent's claim to a half share of co-owned property and dismissing the appellant's counterclaim
Decision
Appeal dismissed; High Court judgment in favour of the respondent upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal dismissed the appeal, upholding the High Court's finding that the respondent had paid for his half share and was a genuine co-owner as tenant in common in equal shares. A resulting trust did not arise because the respondent contributed to the purchase price and was intended to benefit. No fraud was proved against the respondent; the appellant, an experienced advocate who drew the transfer deed, could not credibly deny the respondent's interest. An unregistered power of attorney was effectual and had been validly revoked, and the appellant was estopped from denying it. The respondent was entitled to half the rent from registration, and the counterclaim was rightly dismissed.

Outcome

Appeal dismissed; High Court judgment in favour of the respondent upheld

Facts

The appellant and respondent were registered as tenants in common in equal shares in respect of Plot No. 19, Buganda Road, Kampala, transferred to them by the former proprietor for Shs. 270,000. The transfer deed, drawn by the appellant (a practising advocate) and witnessed by another advocate, was registered on 7 February 1972. In 1972 the respondent left Uganda for India following the expulsion of Asians, leaving a power of attorney with the appellant, his friend and lawyer, to manage the property. The respondent later demanded an account of the rent collected. The appellant refused, asserting he had solely paid the purchase price, that the respondent held his share in trust for the appellant's daughter, and that the appellant had an equitable mortgage requiring redemption. The respondent sued for a declaration of his half interest, an account of rent and vacant possession; the appellant counterclaimed for refund and renovation costs, alternatively cancellation of the respondent's registration for fraud.

Issues

  1. Whether the respondent had paid for his half share of the suit property.
  2. Whether a resulting trust arose in favour of the appellant who allegedly met the whole purchase price.
  3. Whether the respondent was registered as owner of a half share through fraud.
  4. Whether an unregistered power of attorney could be effectual and revoked.
  5. Whether the respondent was entitled to half the rent collected from the date of registration.
  6. Whether the appellant's counterclaim for refund of purchase price and cost of renovations was rightly dismissed.

Orders

  • Appeal dismissed.
  • Costs of the appeal awarded to the respondent.

Rules and key headnotes

Registration of Titles — Conclusiveness of Registered Title — Non-payment of Consideration
A registered proprietor cannot be deregistered merely on the ground that he did not pay the consideration for the transaction; registration under the Registration of Titles Act is conclusive of title.
Resulting Trust — Intention of Contributor — Co-purchaser
A resulting trust arises only where the person paying the purchase money has no intention that the person registered should benefit; where a co-purchaser contributes to the price and is intended to benefit, no resulting trust is created.
Fraud in Land Registration — Standard of Proof — Attribution to Transferee
Fraud vitiating a registered title must be strictly proved to a standard higher than the balance of probabilities and must be attributable directly or by necessary implication to the registered transferee, who must be guilty of or knowingly benefit from the fraudulent act.
Power of Attorney — Effect of Non-registration — Estoppel and Revocation
Non-registration does not render a power of attorney invalid, and a party who acts upon an unregistered power of attorney is estopped from later denying its existence; such a power may be validly revoked by the donor.
Credibility of Witness — Advocate Contradicting Instrument He Witnessed
An advocate who drew or witnessed a document cannot credibly give evidence contradicting the very instrument he authenticated; such testimony goes to the root of his credibility.
Rent between Co-owners — Limitation Act s.18 Inapplicable
Section 18 of the Limitation Act, dealing with recovery of rent or distress between landlord and tenant, does not bar a co-owner's claim to a share of rent collected from jointly owned property.

Legislation cited (6)

Cases cited (4)

  • Ratilal Gordhabhai Patel -v- Lalji Makamji, [1957] E.A. 314
  • John Ruhiga v Elias Rugyera and 2 Others (Civil Appeal No. 1 of 1988)
  • Rochefoucauld v Boustead [1897] 1 Ch 196
  • Bottlers v Damanico (U) Ltd (Civil Appeal No. 22 of 1992)

Full judgment

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

Patel v Patel (Civil Appeal 18 of 1996) [1997] UGCA 21 (21 February 1997)
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.