Wakilii

Ssekiranda ( Administrator of the Estate of the late Kalyango) v Sseluwa and Another (Civil Suit No. 687 of 2019)

High Court · [2021] UGHCLD 118 · 2021 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of fraudulent registration and intermeddling with estate
Decision
Judgment entered for the plaintiff with cancellation of fraudulent registration, rectification of the register in favour of lawful administrators, permanent injunction against the 1st defendant, and general damages of UGX 50,000,000 awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the 1st defendant fraudulently registered himself on the suit land using forged letters of administration. The High Court Family Division confirmed the letters were a forgery, issued under a different administration cause. The 1st defendant intermeddled with the estate by using forged documents to obtain registration as administrator. Registration cancelled and register rectified to reflect the lawful administrators. General damages of UGX 50,000,000 awarded.

Outcome

Judgment entered for the plaintiff with cancellation of fraudulent registration, rectification of the register in favour of lawful administrators, permanent injunction against the 1st defendant, and general damages of UGX 50,000,000 awarded

Facts

The plaintiff's father, Kalyango Lauben, died intestate in 1978 leaving land measuring 10 acres comprised in Busiro Block 106 Plot 39 at Mulume, Masuliita, Wakiso. The plaintiff and Charles Lubowa, as surviving children, applied for and obtained letters of administration to the estate in 2009. The 1st defendant, the plaintiff's nephew and grandson to the deceased, obtained a special certificate of title by presenting forged letters of administration purporting to have been issued by the High Court under Administration Cause No. 698 of 2017. The High Court Family Division confirmed that Administration Cause No. 698 of 2017 concerned a different deceased (Ssebugwawo Kalooli) and different applicants, and that the letters presented by the 1st defendant were a forgery. Using the fraudulent registration, the 1st defendant subdivided the land into plots for sale. The defendants did not file a defence despite being duly served.

Issues

  1. Whether the 1st defendant's registration of himself on land comprised in Busiro Block 106 Plot 39 at Mulume was fraudulent and illegal.
  2. Whether the 1st defendant did intermeddle with the estate of the late Kalyango Lauben.
  3. What remedies are available to the parties.

Orders

  • The 1st defendant's registration on the certificate of title of the suit land comprised in Busiro Block 106 Plot 39 at Mulume Masulita Wakiso was fraudulent and illegal.
  • The 1st defendant's actions in respect of the estate of the late Kalyango Lauben amounted to intermeddling with the said deceased's estate.
  • The 2nd defendant is to cancel all the entries by which the 1st defendant became registered on the suit land.
  • The 2nd defendant is to rectify the register by registering Lubowa Charles (Son) and Ssekiranda Benon (the Plaintiff/son) (holders of letters of administration to the said estate) as the Administrators of the estate of the late Kalyango Lauben.
  • A permanent injunction is issued against the 1st defendant from holding himself out as the registered proprietor of the suit land.
  • The 1st defendant is to pay the plaintiff fifty million shillings (50,000,000/=) as general damages for intermeddling with the estate of the late Kalyango Lauben.
  • The Plaintiff is to file a criminal case at the Police against the 1st defendant for forgery of a judicial document.
  • The 1st defendant is to pay the costs of this suit.

Rules and key headnotes

Land & Property — Fraudulent Registration — Forged Letters of Administration
Where a defendant obtains registration on a certificate of title by presenting forged letters of administration that were never issued by the court, the registration is fraudulent and illegal and liable to be cancelled.
Succession & Estates — Intermeddling — Fraudulent Registration as Administrator
A person who uses forged letters of administration to register himself as administrator of an estate and deals with estate property commits intermeddling with the estate.
Civil Procedure — Pleadings — Failure to File Defence — Admissions
Under Order 8 Rule 3 of the Civil Procedure Rules, every allegation of fact in the plaint, if not denied specifically or by necessary implication, shall be taken to be admitted, except as against a person under disability. Where a defendant does not file a defence and is not under disability, the facts pleaded are deemed admitted.
Land & Property — Rectification of Register — Cancellation of Fraudulent Entries
Where registration on a certificate of title is obtained by fraud, the court has jurisdiction to order the Commissioner Land Registration to cancel all fraudulent entries and rectify the register by registering the lawful administrators or proprietors.

Legislation cited (1)

Cases cited (1)

  • Behangana Domaro and Another v Attorney General (Constitutional Petition No. 53 of 2010)

Full judgment

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

Ssekiranda_(_Administrator_of_the_Estate_of_the_late_Kalyango)_v_Sseluwa_and_Another_(Civil_Suit_No._687_of_2019)_[2021]_UGHCLD_118_(10_September_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.