Wakilii

Ssengendo v Ssengendo & 2 Others (Civil Suit 1134 of 2023)

High Court · [2024] UGHCLD 212 · 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 title, cancellation of fraudulent transfers, and damages
Decision
Judgment entered for the plaintiff with orders for cancellation of fraudulent titles, registration in plaintiff's name, permanent injunction, general damages, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the 1st and 2nd defendants fraudulently acquired title to the plaintiff's land by forging the signature of a deceased registered proprietor on transfer forms, and that their subdivision of the land without permission constituted trespass. The court ordered cancellation of the fraudulently obtained titles, registration of the land in the plaintiff's name, and awarded general damages of UGX 8,000,000 at 10% interest per annum.

Outcome

Judgment entered for the plaintiff with orders for cancellation of fraudulent titles, registration in plaintiff's name, permanent injunction, general damages, and costs

Facts

The plaintiff purchased land comprised in Kyadondo Block 116 Plot 83 from her late brother Christopher Kityo Ssengendo for UGX 120,000,000 in 2018. At the time of purchase, the land was registered in the name of the late Ivan Wasswa Ssengendo, the administrator of their father's estate, who died in November 2018. The plaintiff took possession and appointed a caretaker. Before the land could be transferred into the plaintiff's name, Christopher Kityo Ssengendo died in February 2020. In July 2023, the 1st and 2nd defendants, who are Christopher's daughters, transferred the land into their names using transfer forms purportedly signed by the late Ivan Wasswa Ssengendo on 27 July 2023, five years after his death. The defendants proceeded to subdivide the land into six plots. The plaintiff lodged caveats and brought this suit seeking declarations, cancellation of the fraudulent titles, and damages.

Issues

  1. Whether the 1st and 2nd defendants fraudulently acquired the plaintiff's land
  2. Whether the 1st and 2nd defendants trespassed on the plaintiff's land
  3. What remedies are available to the parties

Orders

  • A permanent injunction restraining the 1st and 2nd defendants, their agents and servants from further acts of trespass or alienating the suit land.
  • The 3rd defendant (Commissioner Land Registration) to cancel the certificates of title comprised in Kyadondo Block 116 Plots 868, 869, 870, 871, 872 and 873 formerly Plot 83.
  • The 3rd defendant (Commissioner Land Registration) to register the plaintiff's name as the registered proprietor for land comprised in Kyadondo Block 116 Plot 83.
  • General damages of UGX 8,000,000 (eight million Ugandan shillings) at an interest rate of 10% per annum from the date of judgment until payment in full against the 1st and 2nd defendants.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Land Fraud — Forgery of Deceased Proprietor's Signature on Transfer Forms
Where a transfer of land is effected using transfer forms purportedly signed by a deceased registered proprietor years after his death, such transfer is tainted with fraud and the court will order cancellation of the fraudulently obtained certificates of title.
Registration of Titles Act s.177 — Court's Power to Cancel Entries on Grounds of Fraud
Section 177 of the Registration of Titles Act empowers the court to order the Commissioner for Land Registration to cancel entries on a certificate of title on grounds of fraud.
Trespass to Land — Unlawful Subdivision Without Owner's Consent
Conducting subdivision of land without the permission of the lawful owner who is in possession constitutes trespass to land, even where the trespasser does not physically occupy the land continuously.
Trespass to Land — Elements of Proof
To succeed in an action of trespass, a plaintiff must prove: (a) that the disputed land belongs to the plaintiff; (b) that the defendant entered upon it; and (c) that the entry was unlawful in that it was made without permission or that the defendant had no claim, right or interest in the disputed land.
General Damages — Assessment for Fraudulent Land Transfer and Trespass
In awarding general damages for fraudulent transfer and trespass to land, the court considers the conduct of the defendants: if the trespass was wilful, damages are greater; if accidental or inadvertent, damages are lower.
Mesne Profits — Prerequisite of Wrongful Withholding of Possession
Mesne profits are awarded only where the defendant has wrongfully withheld possession of the land from the plaintiff. Where the plaintiff remains in continuous possession and the defendant has vacated, mesne profits will not be awarded.

Legislation cited (3)

Cases cited (9)

  • David Sejaaka v Rebecca Musoke (Court of Appeal No. 12 of 1985)
  • Fredrick Zaabwe v Orient Bank Ltd & Others (Supreme Court Civil Appeal No. 4 of 2006)
  • Justine E.M.N Lutaaya v Stirling Civil Engineering Co (Supreme Court Civil Appeal No. 11 of 2002)
  • Sheikh Muhammad Lubowa v Kitara Enterprises Ltd (Court of Appeal No. 4 of 1987)
  • Hilda Wilson Namusoke & 2 Others v Owalla's Home Investment Trust (E.A) Ltd & Another (Civil Application No. 14 of 2019)
  • Hadley v Baxendale (1854) 9 Exch 341
  • Kampala District Land Board & George Mitala v Venansio Babweyana (Civil Appeal No. 2 of 2007)
  • Ahmed El Termewy v Hassan Awdi & Others (High Court Civil Suit No. 95 of 2012)
  • Annet Zimbiha v Attorney General (Civil Suit No. 109 of 2011)

Full judgment

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

Ssengendo_v_Ssengendo_&_2_Others_(Civil_Suit_1134_of_2023)_[2024]_UGHCLD_212_(28_August_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.