TSMP (U) Limited v Commissioner Land Registration & 2 Others (Civil Suit 14 of 2016)

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

Held that Jinja Garage Ltd validly repossessed the suit property under the Expropriated Properties Act and sold it to the plaintiff, whose purchase was voidable (not void) at the Minister's instance under s.8 but enforceable as the Minister never challenged it. The lease expired in 2004; plaintiff thereafter held as tenant at will with a legitimate expectation of renewal. The second defendant's freehold title was procured fraudulently — she made false representations about occupancy and the third defendant (land board) failed to conduct due diligence despite notice of a commercial building on the property. Title to be cancelled, special certificate to be issued to plaintiff, and defendants jointly to pay exemplary and general damages.

Outcome

Judgment entered for the Plaintiff with declaration of ownership, cancellation of fraudulent title, order to issue special certificate of title, permanent injunction, and damages awarded

Facts

The plaintiff purchased Plot 24 Spire Road, Jinja in December 1995 from Jinja Garage Ltd, which had repossessed the property in April 1992 after it was expropriated in 1972. The property was held under a 49-year lease from 1955, due to expire in 2004. A fire in 2001 destroyed the plaintiff's original documents. The plaintiff remained in possession, paying ground rent. After the lease expired in 2004, the plaintiff applied for a special certificate of title. The second defendant applied for the same property, falsely claiming she was in occupation. The Departed Asians Property Custodian Board initially claimed management but later withdrew. Despite a subsisting court order maintaining status quo, the land board allocated the property in freehold to the second defendant, who was registered as proprietor. The plaintiff sued for declaration of ownership, cancellation of title, injunction, and damages.

Issues

1. Whether the suit property was repossessed by its former owner, Jinja Garage Ltd.
2. Whether the purchase of the suit property by the Plaintiff from Jinja Garage Ltd was valid.
3. Whether the lease on the suit property expired.
4. Whether the Defendants have trespassed on the suit property.
5. Whether the Defendants jointly and severally committed fraud against the Plaintiff in respect of the suit land.
6. Whether the parties are entitled to the reliefs prayed for.

Orders

• Declaration that the Plaintiff is the rightful owner/proprietor of the land and property comprised in Plot 24 Spire Road, Jinja.
• Declaration that the registration of the 2nd Defendant as proprietor of the land and property comprised in Plot 24 Spire Road, Jinja was procured fraudulently and therefore illegal.
• Order directing the 1st Defendant to cancel the freehold title issued on the suit property in the name of the 2nd Defendant.
• Order directing the 1st Defendant to issue a special certificate of title in the name of the Plaintiff.
• Permanent injunction issued against the 2nd and 3rd Defendants, their successors, assigns, agents, employees/servants and anyone acting in their stead however described from dealing, entering, transacting or doing anything on the land comprised in plot 24 Spire road, Jinja.
• The 1st and 3rd Defendants shall each pay UGX 12,500,000 (total UGX 25,000,000) to the Plaintiff as exemplary/punitive damages.
• The 1st and 3rd Defendants shall each pay UGX 7,500,000 (total UGX 15,000,000) to the Plaintiff as general damages.
• The 1st and 3rd Defendants shall also pay costs of this suit.

Rules and key headnotes

Legislation cited (18)

• Expropriated Properties Act Cap 87 s.4
• Expropriated Properties Act Cap 87 s.6(1)
• Expropriated Properties Act Cap 87 s.8
• Expropriated Properties Act Cap 87 s.2(2)(b)
• Expropriated Properties (Repossession and Disposal) (No. 1) Regulations Regulation 10(3)
• Expropriated Properties (Repossession and Disposal) (No. 1) Regulations Regulation 13
• Registration of Titles Act Cap 230 s.176(c)
• Registration of Titles Act Cap 230 s.54
• Registration of Titles Act Cap 230 s.95
• Registration of Titles Act Cap 230 s.59
• Land Act s.59(1)(a)
• Land Regulations 2004 Regulation 22
• Land Regulations 2004 Regulation 21
• Public Lands Act 1969 s.22(5)(c)
• Constitution of Uganda Article 26(2)(b)(i)
• Civil Procedure Rules Order 8 rule 3
• Civil Procedure Rules Order 6 rule 8
• Civil Procedure Rules Order 6 rule 7

Cases cited (34)

• Prof. Oloka Onyango and Others v Attorney General (Constitutional Petition No. 8)
• Interfreight Forwarders (U) Ltd v East African Development Bank (Court of Appeal No. 33 of 1992)
• Jaffer Brothers Ltd v Mohammed Majid Bagalaliwo and Others (Court of Appeal No. 43 of 1997)
• Firdoishali Madafali Keshwani Habib and Another v Departed Asians Property Custodian Board and Others (HCMC No. 11 of 2019)
• Balbinder Singh Gill v Shadia Ahmed and Departed Asians Property Custodian Board (Civil Suit No. 209 of 2014)
• May Belerio Namiganda and Another v Nurban and Another (Civil Suit No. 99 of 2011)
• Hanne Kamulegeya v Haji Siragi Zaribwende (Civil Suit No. 417 of 2006)
• Kampala District Land Board and Another v National Housing and Construction Corporation (Supreme Court Civil Appeal No. 2 of 2004)
• Dr. Adeodanta Kekitinwa and Others v Edward Maudo Wakida (Civil Appeal No. 3 of 2007)
• Shamsherali Zaveri Virji v F.L. Kadibhai and Others (Civil Appeal No. 81 of 2004)
• Francis Butagira v Deborah Namukasa (Supreme Court Civil Appeal No. 6 of 1989)
• West Nile Teachers Credit Cooperative Society v Tabu (Civil Suit No. 001 of 2011)
• Justine E.M.N Lutaya v Stirling Civil Engineering Company (Supreme Court Civil Appeal No. 11 of 2002)
• Halima N. Wakabi v Asaba Selevano (Civil Suit No. 64 of 2008)
• Sheikh Muhammed Lubowa v Kitara Enterprises Ltd (Court of Appeal No. 4 of 1987)
• F.J.K Zaabwe US Orient Bank & 5 Others
• Kampala Bottlers v Damanico Ltd (Supreme Court Civil Appeal No. 122 of 1992)
• Konde Mathias Zimula v Byarugaba Moses and Another (Civil Suit No. 66 of 2007)
• Progressive Group of Schools Ltd v Barclays Bank (Court of Appeal No. 349 of 2020)
• Hassan Ali Ahamed v Tororo Municipal Council and Rev. Obbokech (Civil Suit No. 362 of 1987)
• Habre International Trading Co. Ltd v Francis Bantariza (Supreme Court Civil Appeal No. 3 of 1999)
• Bank of Uganda v Joseph Kibuuka and Others (Civil Appeal No. 286 of 2016)
• Isingoma David v Registered Trustees of the Church of Uganda and Another (Civil Suit No. 35 of 2017)
• Lagen Majorie and James Okot Okuma (Court of Appeal No. 74 of 2016)
• Kampala Distributors Land Board v National Housing and Construction Corporation (Supreme Court Civil Appeal No. 2 of 2004)
• Matovu and Others v Sseviiri and Uganda Land Commission [1979] HCB 174
• Uganda Posts and Telecommunications v A.K.P.M. Lutaaya (Supreme Court Civil Appeal No. 36 of 1995)
• Fredrick J.K. Zaabwe v Orient Bank and Others (Supreme Court Civil Appeal No. 4 of 2006)
• Sejjaaka Nalima v Rebecca Musoke (Supreme Court Civil Appeal No. 2 of 1985)
• Sebuliba v Cooperative Bank Limited [1987] HCB 130
• M. Kibalya v Kibalya [1994-95] HCB 80
• Hunt v Luck (1901) 1 Ch 45
• Besimira Moses v Attorney General (Civil Suit No. 143 of 2015)
• Onegi Obel and Another v Attorney General and Others (Civil Suit No. 6 of 2002)

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