Wakilii

Sunil Kantilal Raichura (Executor of the estate of the late Radhaben Muljibhai Rajani) & Narendra Raivadera (Executor of the estate of the late Jamkunvar Monji Dayal) All suing through their lawful attorney Property Angle(2)

High Court · [2023] UGHC 38 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 and injunction, heard exparte after defendants failed to appear
Decision
Judgment entered in favour of the Plaintiffs against the Defendants with declarations of ownership, permanent injunction, general damages, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that possession of a certificate of title is conclusive proof of ownership under Registration of Titles Act s.59. Where a former owner obtained a certificate of repossession under the Expropriated Properties Act, the Minister became functus officio and could not lawfully allocate the property to a third party. The executors of the deceased registered proprietors were the lawful owners, and the temporary allocation to the second defendant was unlawful.

Outcome

Judgment entered in favour of the Plaintiffs against the Defendants with declarations of ownership, permanent injunction, general damages, and costs

Facts

The late Radhaben Muljibhai Rajani and Jamkunvar Monji Dayal were registered proprietors of leasehold land at Plot No. 42 Lubas Road, Jinja. The property was expropriated but repossessed in 1993 under a certificate of repossession issued by the Minister of Finance. In 1998, the lease was extended by the District Land Board, and a new certificate of title was issued. The plaintiffs became executors of the estates of the deceased proprietors. In 2013, the Departed Asians Property Custodian Board granted a temporary allocation of the same property to the second defendant, who attempted to evict the plaintiffs' tenants. The plaintiffs brought suit seeking declarations of ownership and injunctive relief. The defendants were served but failed to appear at trial.

Issues

  1. Whether the Plaintiffs are the lawful owners of the land comprised in LRV 3022 Folio 5 Plot No. 42, Lubas Road, Jinja formerly (LRV 513 Folio 24)?
  2. Whether the temporary allocation of the land by the 1st defendant to the 2nd defendant was lawful?
  3. What remedies are available to the parties?

Orders

  • The Plaintiffs are the lawful proprietors of the land comprised in LRV 3022 Folio 5 Plot No. 42, Lubas Road, Jinja formerly (LRV 513 Folio 24).
  • The Plaintiffs are entitled to quiet enjoyment of their property comprised in LRV 3022 Folio 5 Plot No. 42, Lubas Road, Jinja formerly (LRV 513 Folio 24).
  • The 1st defendant's temporary allocation of the Plaintiffs' property to the 2nd defendant is wrongful and unlawful.
  • The 2nd defendant has no interest whatsoever in the Plaintiffs' property comprised in LRV 3022 Folio 5 Plot No. 42, Lubas Road, Jinja formerly (LRV 513 Folio 24).
  • The 1st defendant should withdraw and/or cancel the purported temporary allocation of the Plaintiffs' land to the 2nd defendant.
  • A permanent injunction is granted restraining the 1st defendant whether by itself, officers or agents, successors, assigns or persons claiming any interest from them from trespassing and interfering with the Plaintiffs' quiet enjoyment of the land comprised in LRV 3022 Folio 5 Plot No. 42, Lubas Road, Jinja formerly (LRV 513 Folio 24).
  • General damages of UGX 150,000,000/= awarded.
  • Costs of this suit awarded to the Plaintiffs.

Rules and key headnotes

Land & Property — Certificate of Title — Conclusive Proof of Ownership
Possession of a certificate of title in one's name is conclusive proof of ownership of the land under Section 59 of the Registration of Titles Act Cap 230.
Succession & Estates — Letters of Administration and Probate — Vesting of Rights
The effect of probate and letters of administration under Sections 189 and 192 of the Succession Act is to vest in the executors all rights belonging to the deceased.
Administrative Law — Expropriated Properties — Functus Officio Doctrine
Once the Minister issues a certificate of repossession under Section 6(1) of the Expropriated Properties Act, the Minister is functus officio and cannot subsequently deal with the same property by allocating it to another party.
Administrative Law — Expropriated Properties — Management Through Agent
Section 9 of the Expropriated Properties Act requires that a former owner return and reside in Uganda, but this does not preclude management of repossessed property through a legally appointed agent with full powers, provided the property is under effective management.

Legislation cited (6)

Cases cited (6)

  • Kampala Bottlers Ltd v Damanico (U) Ltd (Civil Appeal No. 22 of 1992)
  • Ssebuiiba v Cooperative Bank Ltd (1982) HCB 130
  • Lancester v Blackwell Colliery Co. Ltd 1918 WC Rep 345
  • Prof. Oloka Onyango & others v Attorney General (Constitutional Petition No. 6 of 2014)
  • Mohan Musisi Kiwanuka v Asha Chand (Civil Appeal No. 14 of 2002)
  • Attorney General v Mitha & Sons Ltd (High Court Miscellaneous Cause No. 10 of 2010)

Full judgment

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

Sunil Kantilal Raichura (Executor of the estate of the late Radhaben Muljibhai Rajani) & Narendra Raivadera (Executor of the estate of the late Jamkunvar Monji Dayal) All suing through their lawful attorney Property Angle(2)
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.