Violet Nakiwala & Others v Ezekiel Rwekibira & Another (Civil Suit No. 280 of 2006)

Observed later treatment

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 documents purportedly signed by an illiterate person which lack a certificate of translation as required by the Illiterates Protection Act s.3 are null and void and cannot be relied upon. The mandatory protection provisions are requirements of substantive law and cannot be cured under Article 126(2)(e) of the Constitution. A power of attorney and memorandum of surrender executed without compliance with these requirements are inadmissible. Registration based on such defective documents is unlawful and void. The estate of the deceased retained its equitable interest in the land.

Outcome

Registration cancelled; plaintiffs substituted as joint tenants with defendants in place of deceased

Facts

The deceased Eriya Kakoro and the defendants were registered joint tenants of land since 1985. After the deceased's death in 1998, his family sought to return to the land but the defendants claimed he had surrendered his share. The defendants produced a Power of Attorney dated 19 April 1994 and a Memorandum of Surrender dated 25 July 1997, both allegedly executed by the deceased. The plaintiffs, administrators of the deceased's estate, challenged these documents as forgeries, noting the deceased was illiterate and terminally ill at the time. The deceased could not read English in which the documents were written. Based on these documents, the defendants registered the land solely in their names on 24 February 1999, excluding the deceased's estate.

Issues

1. Whether the subsequent registration of the defendants into their names was lawful.
2. What remedies are available to the parties?

Orders

• The Plaintiffs have an equitable interest in the suit land comprised in LRV 1895 Folio 7 Singo Block 426 Plot 9.
• The Memorandum of Surrender dated 25/07/1997 purportedly made by late Eriya Rwakakoro is null and void.
• The Registrar of Titles is ordered to cancel the registration made on 24/02/1999 of the Defendants as joint tenants on the Certificate of Title for land comprised in LRV 1895 Folio 7 Singo Block 426 Plot 9.
• The Plaintiffs as Administrators of the estate of late Eriya Kakoro be substituted for Eriya Kakoro as joint tenants with the Defendants.
• The Plaintiffs are awarded costs of the suit.

Rules and key headnotes

Legislation cited (9)

• Illiterates Protection Act Cap 78 s.1(b)
• Illiterates Protection Act Cap 78 s.2
• Illiterates Protection Act Cap 78 s.3
• Evidence Act Cap 6 s.66
• Evidence Act Cap 6 s.91
• Evidence Act Cap 6 s.92
• Constitution of Uganda Art 126(2)(e)
• Civil Procedure Rules O.15 r.2
• Registration of Titles Act Cap 205

Cases cited (6)

• Kasaala Growers Co-operative Society v Kakooza and Another (Supreme Court Civil Appeal No. 19 of 2010)
• Ngoma Ngime v Electoral Commission and Hon. Winnie Byanyima (Election Petition No. 11 of 2002)
• Mukiibi Joseph v Elitek Technologies International Ltd (High Court Civil Suit No. 227 of 2010)
• Tikens Francis and Another v Electoral Commission and 2 Others (High Court Election Petition No. 1 of 2012)
• [2003] EA 551
• [2001] 1 EA 69

Cases citing this judgment (4)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Robert Kabwanjare v Jovanis Rwamunahe (Civil Appeal 73 of 2022)
• Settaba v Kizito and Anor (Civil Appeal No. 452 of 2021)
• Muhumuza v Kiparu (Civil Appeal No. 36 of 2015) followed
• Nsubuga v Kalibbala and Anor (Election Petition No. 29 of 2016)

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