Semanda v Jobbing Field Properties Limited (Civil Appeal No. 122 of 2014)

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

The Court of Appeal dismissed a preliminary objection alleging failure to serve the record and memorandum of appeal, finding no prejudice since the respondent had filed responses in time. On the merits, the Court upheld the trial judge, holding that the respondent's lease interest, registered on 20 July 2004, predated the appellant's mailo interest registered on 15 July 2005, so the appellant took subject to the lease under sections 54 and 59 of the Registration of Titles Act. The appellant had notice of the lease. Failure to call the witness to the consent did not defeat registered proprietorship, and there was evidence stamp duty was paid. The appeal was dismissed with costs.

Outcome

Appeal dismissed with costs; trial judgment in favour of respondent upheld

Facts

The respondent company sued the appellant in the High Court (Land Division) seeking a declaration that it held a subsisting lease over land at Bunamwaya comprised in LRV 769 Folio 5 Plot 339 Block 265. The appellant counterclaimed that the respondent's title was void for non-payment of rent and sought to re-enter as mailo owner, having bought the mailo interest from the late Princess Kasalina Nkinzi. The land had originally been leased to Italian Asphalt and Haulage Ltd in 1970 for 49 years. Nkinzi consented to transfer of the lease to the respondent on 7 May 2004, the leasehold title was transferred with effect from 20 July 2004, and a variation extending the lease by 24 years was executed on 2 August 2004. The appellant purchased his mailo interest on 26 April 2004 but was only registered on 15 July 2005, after the respondent's lease had been registered. The appellant admitted knowledge of an old Italian-built house and an existing lease. The trial court found for the respondent, prompting this appeal.

Issues

1. Whether the appellant's failure to serve the memorandum and record of appeal on the respondent amounted to failure to take an essential step rendering the appeal a nullity.
2. Whether the respondent held a valid registered lease binding on the appellant given that the appellant's mailo interest was purchased before the lease consent was allegedly obtained.
3. Whether the respondent failed to prove the assignment of the lease by not calling the witnesses to its execution.
4. Whether the non-payment of stamp duty on the transfer of the lease rendered the transaction void for fraud.

Orders

• Preliminary objection dismissed for lack of merit.
• All grounds of appeal unsuccessful.
• Appeal dismissed with costs.

Rules and key headnotes

Legislation cited (10)

• Registration of Titles Act s.54
• Registration of Titles Act s.59
• Registration of Titles Act s.92(1)
• Evidence Act s.103
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 30(1)(a)
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 2(2)
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 80
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 82
• Judicature (Court of Appeal Rules) Directions SI 13-10 Rule 88
• Constitution of Uganda Article 126(2)(e)

Cases cited (9)

• Pandya v R [1957] EA 336
• Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
• Andrew Maviri v Jomayi Property Consultants Ltd (Civil Appeal No. 224 of 2014)
• Utex Industries Ltd v Attorney General (Civil Appeal No. 52 of 1995)
• Magara Ramdahan v Uganda (Criminal Appeal No. 146 of 2009)
• Souza Figueiredo and Co. Ltd vs. Moorings Hotel [1960] EA 926
• Samuel Kizito Mubiru v G. W. Byensiba (Civil Suit No. 513 of 1982)
• Sebanakita v Fuelex Uganda Limited (Civil Appeal No. 4 of 2016)
• Dieter Pabst v Abdu Ssozi (Civil Appeal No. 116 of 2000)

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