Sabano Agasa and Another v Temusewo Tasewula and Another (Civil Suit No. 55 of 2021)

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

Held that land registered by the 1st Defendant in his sole name formed part of the intestate estate of the late Paale Leuben. The 1st Defendant, appointed as customary trustee to manage the estate, fraudulently procured registration without consent of beneficiaries and in breach of Land Reform Decree 1975 notice requirements. Procuring registration to defeat unregistered equitable interests of estate beneficiaries constitutes fraud. Certificate of title ordered cancelled and land vested back in the estate.

Outcome

Certificate of title cancelled; suit land vested back in the estate of the late Paale Leuben to be administered under the Succession Act

Facts

The late Paale Leuben died in 1967 leaving land at Bunamito village, Budaka district, held under customary tenure. His widow and children, including the plaintiffs and 1st defendant, continued to occupy the land. The 1st defendant, the only son, was appointed by the family as heir and caretaker of the estate land. In 1981, during the operation of the Land Reform Decree 1975, the 1st defendant applied for and obtained a leasehold title over the suit land, converting it from customary tenure. He registered the land solely in his name without notifying or obtaining consent from other beneficiaries. The 1st defendant subsequently mortgaged portions of the land and prevented the plaintiffs from utilizing their portions. The plaintiffs discovered the registration and mortgage transactions and brought suit claiming the land remained part of their father's estate and that the 1st defendant fraudulently obtained the title.

Issues

1. Whether the land in dispute belongs to the estate of the late Paale Lueben?
2. Whether the 1st Defendant fraudulently obtained a certificate of title in respect of the land in dispute?
3. Whether the 2nd Defendant had authority to deal with land in dispute?
4. Who is the rightful owner of the disputed land?
5. What remedies are available to the parties?

Orders

• The suit land situated at Bunamito village, Petete Parish, Iki Iki Sub County in Budaka district, now comprised in Plot 125 Block 2 Iki Iki forms part of the estate of the late Paale Leuben.
• The 1st Defendant fraudulently procured registration of the certificate of title for land comprised in Plot 125 Block 2 Iki Iki Sub County, Budaka district.
• The Registrar of Titles is hereby ordered to cancel the certificate of title for the land comprised in Plot 125 Block 2 Iki Iki Sub County, Budaka district registered in the name of the 1st Defendant.
• The suit land shall vest back to the estate of the late Paale Leuben to be managed as per the provisions of the Succession Act, Cap. 268.
• The Plaintiffs are awarded general damages of UGX 5,000,000.
• The Plaintiffs are awarded costs of the suit.

Rules and key headnotes

Legislation cited (10)

• Land Reform Decree 1975 s.2(1)
• Land Reform Decree 1975 s.3(1)
• Land Reform Decree 1975 s.7(1)
• Evidence Act Cap. 8 s.103
• Civil Procedure Rules SI 71-1 Order 9 R 10
• Civil Procedure Rules SI 71-1 Order 6 Rule 7
• Registration of Title Act Cap. 240 s.161
• Civil Procedure Act Cap. 282 s.27(1)
• Civil Procedure Act Cap. 282 s.27(2)
• Succession Act Cap. 268

Cases cited (14)

• Kabali and Another v Attorney General (Civil Appeal No. 50 of 2007)
• Miller v Minister of Pensions [1947] 2 All ER 372
• Wamulima v Wamale (Civil Suit No. 3 of 2022)
• Tifu Lukwago v Samwiri Mudde Kizza and Another (Supreme Court Appeal)
• Twaibu Kigongo v Kabogere Coffee Factory, Haji Bruhan Mugerwa (Supreme Court Appeal)
• Nassozi and Another v Kalule (Civil Appeal No. 5 of 2012)
• Inter-Freight Forwarders Uganda Limited v East Africa Development Bank (Civil Appeal No. 33 of 1992)
• Zaabwe v Orient Bank Ltd and 5 Others (Civil Appeal No. 4 of 2006)
• Kithende Kalibogha and 2 Others v Eleanora Wilsmer (Civil Appeal No. 3 of 2019)
• Kampala District Land Board and Another v Venansio Babweyaka and Others (Civil Appeal No. 2 of 2007)
• David Sejjaaka Nalima v Rebecca Musoke (Civil Appeal No. 12 of 1985)
• Ddumba and Another v Bagambe (Civil Appeal No. 9 of 2022)
• Hon. Nze Herbert Osuji & Anor. V Anthony Isiocha (1989) 3 N.W.L.R. (Pt. 111) 623 at 636
• Francis Butagira v Deborah Mukasa (Supreme Court Civil Appeal No. 6 of 1989)

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