Wakilii

Paul Muhimbura and Anor v Patrick Lwanga and 2 Others (Civil Review 28 of 2019)

High Court · [2021] UGHCLD 53 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of judgment under section 82 of the Civil Procedure Act by third parties whose land was ordered cancelled without being heard
Decision
Application for review allowed — underlying judgment to be reviewed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that registered proprietors whose land was ordered cancelled in proceedings to which they were not parties are aggrieved persons entitled to seek review under section 82 of the Civil Procedure Act. The failure to join them as parties and afford them a hearing constitutes both an error apparent on the record and sufficient reason to warrant review. The constitutional protection against compulsory deprivation of property under Article 26(2) requires that persons with proprietary interests be heard before orders affecting their land are made.

Outcome

Application for review allowed — underlying judgment to be reviewed

Facts

The applicants are registered proprietors of land comprised in Busiro Block 380 Plot 17, measuring 8.093 hectares, which they purchased in April 2006 and were registered on 2 November 2006. In July 2018, they received a letter from the Commissioner Land Registration requiring them to surrender their certificate of title for cancellation pursuant to a court order in HCCS No. 85 of 2005. That suit concerned the estate of the late Mika Nsimbe Mulyankota and the administration of land comprised in Busiro Block 380 Plot 1. The court in HCCS 85/2005 declared all dealings on Plot 1 and subdivisions thereof illegal and ordered cancellation of all transfers and registrations, including plots subdivided from Plot 1. Judgment in HCCS 85/2005 was delivered on 20 January 2011, after the applicants had already acquired their interest. The applicants were not parties to HCCS 85/2005 and were not heard before the orders affecting their land were made.

Issues

  1. Whether the Applicants are aggrieved persons within the meaning of section 82 of the Civil Procedure Act?
  2. Whether the application meets the criteria for review?

Orders

  • Application allowed.
  • The Judgment and Orders of the court in HCCS No. 085 of 2005 Patrick Lwanga Vs. Edward Zimula & 2 Others be reviewed.
  • Costs shall be borne by the Applicants.

Rules and key headnotes

Civil Procedure — Review of Judgments — Aggrieved Persons — Third Parties Affected by Court Orders
Registered proprietors whose land is ordered cancelled in proceedings to which they were not parties are aggrieved persons within the meaning of section 82 of the Civil Procedure Act, as they suffer a legal grievance when the judgment affects their interest.
Civil Procedure — Review of Judgments — Error Apparent on Face of Record — Failure to Join Necessary Parties
The failure to add persons with registered proprietary interests as parties to proceedings in which orders are made cancelling their titles constitutes an error apparent on the face of the record warranting review.
Constitutional Law — Property Rights — Right to be Heard — Article 26(2)
Article 26(2) of the Constitution protects every person from being compulsorily deprived of property, and the failure to afford registered proprietors a right to be heard before making orders affecting their land violates this constitutional protection and constitutes sufficient reason to warrant review.
Land & Property — Bona Fide Purchasers — Protection of Registered Proprietors — Rights Against Third Party Orders
Persons who purchase land for value and are registered as proprietors before a court order is made affecting their title are entitled to be heard in proceedings that may result in cancellation of their certificate of title, notwithstanding that the underlying dispute concerns the land from which their plot was subdivided.

Legislation cited (9)

Cases cited (8)

  • Mohamed Allibhai v W.E Bukenya Mukasa & Departed Asians Property Custodian Board (Supreme Court Civil Appeal No. 56 of 1996)
  • Yusufu v Nokrach (1971) EA 104
  • In Re Nakivubo Chemists (U) Ltd (1971) HCB 12
  • Ladak Adulla Mohamed Hussein v Griffiths Isingoma Kakiiza and others (Civil Appeal No. 8 of 1995)
  • Mushabe Apollo v Mutumba Ismael & Anor (MA 08 of 2019)
  • Al-Shafi Investment Group LLC v Ahmed Darwish & Anor (Miscellaneous Application No. 901 of 2017)
  • Attorney General & Others v Boniface Byanyima (HCMA No. 1789 of 2000)
  • Levi Outa v Uganda Transport Company [1995] HCB 340

Full judgment

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

Paul_Muhimbura_and_Anor_v_Patrick_Lwanga_and_2_Others_(Civil_Review_28_of_2019)_[2021]_UGHCLD_53_(12_February_2021)
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.