Wakilii

Wasswa and Another v Administrator General and Others (Civil Suit 388 of 2018)

High Court · [2021] UGHCLD 478 · 2021 Judgment for Defendants / Counterclaim Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit concerning title to land, with counterclaim for revocation of letters of administration and cancellation of certificates of title
Decision
Plaintiffs' suit dismissed. Counterclaim substantially allowed. Letters of administration and probate revoked. Compensation ordered to be assessed and paid. Permanent injunctions granted to protect graves and occupants.

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Holding

The court held that the plaintiff Wasswa Peter Weraga fraudulently obtained letters of administration and probate to the estates of the late Ibulaimu Kigula and Isaka Kagimu by using false statements and misrepresentations about his relationship to the deceased persons. His registration as proprietor of the disputed land was void for fraud and illegality under sections 77 and 190 of the Registration of Titles Act. The 2nd defendant Mpagi Kasule's claim to 10 acres on behalf of the estate of Mikairi Mukoloboza was valid based on the succession register, and the 3rd and 4th defendants Kalungi and Jingo had valid claims as collateral relatives. The suit was dismissed and compensation awarded.

Outcome

Plaintiffs' suit dismissed. Counterclaim substantially allowed. Letters of administration and probate revoked. Compensation ordered to be assessed and paid. Permanent injunctions granted to protect graves and occupants.

Facts

The late Ibulaimu Kigula died testate in 1929 owning 110 acres of land at Misindye (the suit land). According to a succession register (SR 5A), the Kabaka of Buganda distributed the land to various beneficiaries including Isaka Kagimu (19 acres), Mikairi Mukoloboza (10 acres), and others. In 2003, Wasswa Peter Weraga applied to administer Ibulaimu Kigula's estate, but Justice Musoke-Kibuka dismissed the application as based on lies. In 2005, Weraga forged a grant of letters of administration and used it to register himself as proprietor of the suit land. In 2013, he was convicted of forgery. In 2011, he obtained fresh letters of administration and used them to subdivide and sell portions of the land. The defendants and counterclaimants contested his claims, alleging he was not related to the deceased and had acted fraudulently.

Issues

  1. Whether the 2nd, 3rd & 4th Defendants have a valid claim to the suit land formerly comprised in Kyaggwe Block 101, Plot 60 at Misindye?
  2. Whether the registration of the 1st Plaintiff as proprietor of the suit land and the transfers therefrom were fraudulent, unlawful and illegal?
  3. Whether the Counterclaim is legally and factually sustainable against the Counter-Defendants?
  4. Whether there are any remedies available to the parties?

Orders

  • Plaintiffs' suit dismissed with costs.
  • Declaration that Mr. Wasswa Peter Weraga fraudulently obtained Letters of Administration and Letters of Probate.
  • Letters of Administration to the estate of the late Ibulaimu Kigula vide AC-0057 of 2011 revoked.
  • Letters of Probate to the estate of the late Isaka Kagimu vide AC-1133 of 2007 revoked.
  • Declaration that registration of Mr. Wasswa Peter Weraga as proprietor of the suit land was fraudulent and unlawful.
  • Declaration that registration of Mr. Sengonzi Wilson as proprietor of Block 101 Plot 4495 was unlawful.
  • Declaration that Mr. Kalungi Ahamad and Mr. Jingo Muhammad are entitled as beneficiaries to the estate of the late Isaka Kagimu.
  • Mr. Wasswa Peter Weraga ordered to pay compensation to Mr. Kalungi and Mr. Jingo for market value of 9 acres fraudulently alienated.
  • Mr. Wasswa Peter Weraga and Mr. Sengonzi Wilson jointly ordered to pay compensation to Mr. Mpagi Kasule for market value of 10 acres fraudulently alienated.
  • Counterclaimants directed to obtain valuation reports for approval by court.
  • Permanent injunction restraining Mr. Wasswa Peter Weraga from evicting, removing or damaging approximately 20 graves of family members.
  • Permanent injunction restraining Mr. Wasswa Peter Weraga from evicting occupants from approximately 18 decimals where graves and house are located.
  • Costs of counterclaim to be paid jointly by Mr. Wasswa Peter Weraga and Mr. Sengonzi Wilson to counterclaimants in equal proportion.

Rules and key headnotes

Letters of Administration — Procurement by Fraud — False Representations of Relationship
Where an applicant procures letters of administration by making glaring and habitually false statements about his relationship to the deceased, claiming variously to be grandson, great-grandson, son, and grandnephew, such letters are obtained fraudulently and are liable to revocation under section 234 of the Succession Act.
Registration of Titles Act — Void Registration — Sections 77 and 190
Under sections 77 and 190 of the Registration of Titles Act, any certificate of title, entry, erasure or alteration procured by fraud is void as against all parties or privies to the fraud. Where registration as proprietor was obtained using fraudulently procured letters of administration, all subsequent certificates of title are void.
Bona Fide Purchaser — Notice — Caveats
A purchaser who acquires land when a caveat is registered on the title is deemed to have notice of the caveator's claim and cannot claim to be a bona fide purchaser for valuable consideration without notice. The existence of a registered caveat puts all subsequent purchasers on constructive notice.
Registration of Titles Act — Caveats — Section 141 — Commissioner's Duty
Section 141 of the Registration of Titles Act provides that so long as a caveat remains in force prohibiting any registration or dealing, the Registrar shall not enter in the Register Book any change in proprietorship or transfer of the land in respect of which the caveat is lodged, except in accordance with consent of the caveator or court order. A Registrar who effects transfers despite existing caveats acts unlawfully.
Pleadings — Fraud — Particularity — Order 6 Rule 3
Order 6 Rule 3 of the Civil Procedure Rules requires that in all cases where a party relies on fraud, particulars of the fraud must be pleaded, including who committed the fraud, when, and how. However, the principle that illegality overrides all questions of pleadings applies, and courts can order cancellation of registration on account of illegalities without the parties necessarily having to plead and prove fraud where the illegality is apparent.
Kiganda Customary Law — Succession Certificates — Distribution of Estates
Under Kiganda customary succession law as it existed in 1929, finality of distribution of a deceased's estate was achieved upon the issuance of succession certificates by the Kabaka and Lukiiko. Once succession certificates were issued, neither the Kabaka nor Lukiiko could vary the distribution, and any subsequent claims could only be settled through the courts.
Commissioner Land Registration — Ultra Vires — Sub Judice Matters
Where a matter involving disputed land title is pending in court and caveats have been registered, it is ultra vires and contemptuous of court process for the Commissioner for Land Registration to conduct public hearings and purport to determine the matter. The Commissioner's mandate does not extend to adjudicating disputes that properly belong to the courts, particularly where the matter is sub judice.

Legislation cited (25)

Cases cited (20)

  • Interfreight Forwarders v East African Development Bank [1990-1994] EA 117
  • Paulo Kaweesa v Administrator General & 2 Ors, HCCS No. 918 of 1993 a Judgment by Justice V. F Musoke-Kibuuka
  • Re H.C Kabugembe v Kiwanuka & Ors, HC Misc. Applic. No. 42 of 1952
  • Sewaya v Kaggwa & Ors [1954] EACA 30
  • David Sajjaaka Nalima vs Rebecca Musoke, SCCA No. 12 of 1985
  • Ipolito Semwanga vs. Kwizera Buchana Paul & Ors, HCCS No. 61 of 2005
  • Betty Kizito V David Kiziyiwa Kantonya & Ors, SCCA No. 8 of 2018
  • Ovoya Charles v Wakunga, HC Civil Appeal No. 0013 of 2014
  • Kampala Bottlers Ltd v Damanico (U) Ltd, SCCA No. 22 of 1992
  • Frederick Zaabwe v Orient Bank Ltd & 5 Others, SCCA No. 4 of 2006
  • Makula International Ltd [1999] 1 EA
  • Pushpa d/o Raojibhai M. Patel [1960] EA 1033
  • Juliet Nabagala v Tereza Mbiro, HCMC No. 82 of 2011 in the Land Division
  • Khatijabai Jiwa Hasham v Zenab d/o Chandu Nansi [1957] EA 38
  • Aziz Kalungi Kasujja v Naune Tebekanya Nakaka, SCCA No. 63 of 1995
  • Angelo Muwanga v. Commissioner For Land Registration & Tempora Bisase, HCMC No. 17 of 2013
  • Allan Mugisha Nyirinkindi v Commissioner Land Registration and Another, HCMC No. 45 of 2011
  • Mucunguzi Myers vs Sarah Kulata Basangwa, the Commissioner for Land Registration, HCMA No. 1329 of 2014
  • Uganda Broadcasting Corporation v Sinba (K) Ltd & 3 Ors, COA C/A No. 12 of 2014
  • Sinba (K) Ltd & 4 Ors v UBC, SCCA No. 03 of 2014

Full judgment

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Wasswa_and_Another_v_Administrator_General_and_Others_(Civil_Suit_388_of_2018)_[2021]_UGHCLD_478_(18_February_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.