Wakilii

Salim Abdurasul v The Attorney General and Another (Civil Suit 1139 of 2019)

High Court · [2024] UGHCLD 88 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of ownership, permanent injunction, and damages
Decision
Suit succeeded against 1st and 2nd defendants with declaration, injunction, and damages awarded. Suit dismissed against 3rd defendant with costs to the 3rd defendant.

Observed later treatment

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Holding

The High Court held that the plaintiff proved lawful ownership of the suit property on the balance of probabilities. The certificate of repossession issued by the Minister of Finance in 1994 was valid and had never been challenged or cancelled. The defendants failed to produce satisfactory evidence of fraud or that compensation paid in 1979 was refunded. No evidence established that the plaintiff's father was actually compensated or that government made any demand for refund before issuing the certificate of repossession. The suit succeeded against the 1st and 2nd defendants but was dismissed against the 3rd defendant for lack of cause of action. The court granted a declaration of ownership, permanent injunction, general damages of UGX 20 million, and punitive damages of UGX 10 million.

Outcome

Suit succeeded against 1st and 2nd defendants with declaration, injunction, and damages awarded. Suit dismissed against 3rd defendant with costs to the 3rd defendant.

Facts

The plaintiff, a Ugandan citizen, was the registered owner of land comprised in FRV 764 Folio 20, Plot 6 Entebbe Road. His late father, also a Ugandan citizen, lawfully obtained a certificate of repossession of his leasehold interest in the property from the Minister of Finance on 15 February 1994 under the Expropriated Properties Act. The plaintiff's father had applied to the 3rd defendant (Kampala District Land Board) and obtained conversion of the leasehold into freehold. The plaintiff was subsequently registered on title. The 2nd defendant (Departed Asians Property Custodian Board) alleged that the property was expropriated, that the plaintiff's father had been compensated in 1979 for UGX 800,000 and should have refunded this before repossession, and that the certificate of title was obtained fraudulently. The 2nd defendant also alleged the plaintiff was not a Ugandan and could not hold freehold title. The plaintiff denied receiving compensation and alleged that defendants' threats to cancel his title caused loss of business and mental distress.

Issues

  1. Whether the former owner was compensated for the suit property and if so, whether he refunded the money.
  2. Whether the minister of finance granted a certificate of repossession to the former owner.
  3. Whether the former owner ever returned to reside in Uganda after the alleged grant of certificate of repossession.
  4. Whether the plaintiff's certificate of title is a result of the alleged certificate of repossession.
  5. Whether the plaintiff's certificate of title was obtained through fraud.
  6. Whether the suit property is vested in government and managed by the second defendant.
  7. What remedies are available to the parties.

Orders

  • Declaration that the plaintiff is the rightful registered proprietor of the suit land comprised in FRV Folio 20 plot 6 Entebbe Road.
  • Permanent injunction restraining the defendants from interfering with the plaintiff's ownership and right to own property to wit FRV Folio 20 plot 6 Entebbe Road.
  • General damages of UGX 20,000,000 awarded to the plaintiff against the 1st and 2nd defendants.
  • Punitive damages of UGX 10,000,000 awarded to the plaintiff against the 1st and 2nd defendants.
  • Costs of the suit and the counterclaim awarded against the 2nd defendant.
  • Plaintiff to pay costs to the 3rd defendant.
  • Suit dismissed against the 3rd defendant.

Rules and key headnotes

Land & Property — Expropriated Property — Certificate of Repossession — Validity and Effect
A certificate of repossession issued by the Minister of Finance under sections 4 and 5 of the Expropriated Properties Act is valid and effective unless formally challenged and cancelled through proper legal process.
Land & Property — Fraud — Burden of Proof — Standard Required
To succeed in an action based on fraud, the party alleging fraud must prove an intentional perversion of truth, false representation, or concealment intended to deceive, and must attribute the fraudulent conduct to the transferee or show that the transferee knew of and took advantage of such fraud.
Administrative Law — Compensation — Duty to Raise Refund Issue Before Repossession
Where government alleges that compensation was paid for expropriated property and must be refunded before repossession, the duty to bring such requirement to the attention of the relevant minister lies with government before issuance of a certificate of repossession, not after the certificate has been issued and title registered.
Civil Procedure — Cause of Action — Requirements for Disclosure
A plaint discloses a cause of action where it shows that the plaintiff enjoyed a right, that the right was violated, and that the defendant is liable; where no evidence establishes that a defendant violated any right of the plaintiff, the suit must be dismissed against that defendant for failure to disclose a cause of action.
Damages & Quantum — General Damages — Assessment in Property Disputes
General damages are compensatory in nature and are awarded to recompense an injured party for inconvenience, anxiety, trauma, and suffering that cannot be specifically quantified but may be discerned from the wrongs inflicted by the defendant.
Damages & Quantum — Punitive Damages — Award Against Government Institutions
Punitive and exemplary damages are recoverable where there are oppressive, arbitrary, or unconstitutional acts, especially by servants of government; such awards serve to condemn improper conduct and deter future violations of citizen rights.

Legislation cited (3)

Cases cited (5)

  • Miller v Minister of Pensions [1947] 2 ALL ER 372
  • Kapeka Coffee Works Ltd v NPART (Court of Appeal Civil Appeal No. 3 of 2000)
  • Tororo Cement Co Ltd v Frokina International Ltd (Civil Appeal No. 2 of 2001)
  • Zabwe Fredrick v Orient Bank and Others (Supreme Court Civil Appeal No. 4 of 2006)
  • Kampala Bottlers Ltd v Domanico (U) Ltd (Supreme Court 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.

Salim_Abdurasul_v_The_Attorney_General_and_Another_(Civil_Suit_1139_of_2019)_[2024]_UGHCLD_88_(3_April_2024)
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.