Rwashande Yosam and Others v Kayiwa Vicent (Civil Appeal No. 79 of 2021)

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

On a first appeal in a land dispute, the Court of Appeal held that fraud sufficient to impeach a certificate of title must be specifically pleaded, strictly proved, and attributed to the registered proprietor personally; irregularities in processes reserved to government officials of the Ministry of Lands and the Uganda Land Commission cannot be imputed as fraud to an ordinary lease applicant. The respondent, registered since 1981 and in possession, was the lawful owner. The appellants, granted conditional lease offers in 2009 over land that was neither available nor free from disputes, acquired no interest and were trespassers; their lease offers were rightly cancelled to avoid double titling, and the award of general damages and costs was upheld. Appeal dismissed.

Outcome

Appeal dismissed; the respondent's certificate of title and the trial court's orders (cancellation of the appellants' lease offers, permanent injunction, and UGX 30,000,000 general damages) upheld

Facts

The respondent obtained a leasehold certificate of title in 1981 over land comprised in Gomba Block 74 Plot 6 (approximately 777 hectares) at Lwaweba/Nkondo, Maddu, following an application to and grant by the Uganda Land Commission. In 2009 the Mpigi District Land Board granted the appellants lease offers over part of the same land, on the express condition that the land was available and free from disputes. When the appellants attempted to survey the land in 2012, they found it registered to and occupied by the respondent. They sued for cancellation of his title for fraud, eviction, a permanent injunction and damages, alleging that the respondent's 1977 lease application had been rejected and never properly reconsidered, that the instruction-to-survey number on his deed plan related to different land at Masajja, and that no job jacket supported the survey. The respondent denied fraud and counterclaimed for a declaration of ownership and vacant possession. The High Court dismissed the suit, declared the respondent the rightful owner and the appellants trespassers, cancelled the lease offers, granted a permanent injunction, and awarded the respondent UGX 30,000,000 general damages and costs.

Issues

1. Whether the appellants proved that the respondent acquired his lease offer and certificate of title through fraud, so as to warrant cancellation of the title.
2. Whether the appellants were trespassers on the suit land.
3. Whether the trial judge erred in ordering cancellation of the appellants' lease offers and in awarding the respondent general damages and costs.

Orders

• Appeal dismissed for lack of merit.
• Costs awarded to the respondent in this Court and the Court below.

Rules and key headnotes

Legislation cited (11)

• Public Lands Act 13 of 1969 s.19(1)
• Registration of Titles Act Cap 230 s.59
• Registration of Titles Act Cap 230 s.76
• Registration of Titles Act Cap 230 s.77
• Registration of Titles Act Cap 230 s.150
• Registration of Titles Act Cap 230 s.176
• Land Act Cap 227 of 1998
• Evidence Act Cap 6 s.101
• Evidence Act Cap 6 s.102
• Civil Procedure Act Cap 71 s.27(2)
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.30(1)(a)

Cases cited (15)

• Kampala Bottlers Ltd v Damanico (U) Ltd (Civil Appeal No. 22 of 1992)
• Frederick J.K. Zaabwe v Orient Bank Ltd & 5 Others (Civil Appeal No. 4 of 2006)
• Makula International Ltd v His Eminence Cardinal Nsubuga & Anor (Civil Appeal No. 4 of 1981)
• Justine E.M.N. Lutaya v Stirling Civil Engineering Co. Ltd (Civil Appeal No. 11 of 2002)
• Jennifer Behange, Rwanyindo Aurelia, Paulo Bagenzi v School Outfitters (U) Ltd (Civil Appeal No. 53 of 1999)
• Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
• Hilda Wilson Namusoke & 3 Ors v Owalla's Home Investment Trust (E.A) Ltd (Civil Appeal No. 15 of 2017)
• J.W.R. Kazoora v M.L.S. Rukuba (Civil Appeal No. 13 of 1992)
• Kampala District Land Board & Anor v Venansio Babweyaka & 3 Others (Civil Appeal No. 2 of 2007)
• Nagji Textiles Ltd v A.B. Potat & 2 Others (Civil Appeal No. 37 of 2003)
• St Mark Educational Centre Ltd v Makerere University (Civil Appeal No. 40 of 1997)
• Okello Okello v UNEB (Civil Appeal No. 12 of 1997)
• Zimbe Vs Kamanza, supra
• Dharamshi v Karsan [1974] EA 41
• Byabalema & 2 others v UTC (1975) SCCA NO. 7 of 1993

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.

• George Twinorusa v George Tt'ryamureeba and Another (Civil Appeal 173 of 2018)

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