Wakilii

Wasswa and Others v Mpagi and Others (Civil Suit 388 of 2018)

High Court · [2021] UGHCLD 480 · 2021 Counterclaim Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declarations, injunctions, and cancellation of title arising from disputed land succession and fraudulent letters of administration
Decision
Plaintiffs' suit dismissed. Counterclaim substantially allowed. Fraudulent letters of administration revoked. Compensation ordered for illegally alienated land. Permanent injunctions granted to protect family graves and occupants.

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Holding

The court held that the 1st Plaintiff fraudulently obtained letters of administration to the estates of the late Ibulaimu Kigula and Isaka Kagimu through false statements and misrepresentation. His registration as proprietor of the suit land and subsequent transfers were fraudulent, unlawful and void under sections 77 and 190 of the Registration of Titles Act. The 2nd, 3rd and 4th Defendants established valid claims as beneficiaries and relatives of the deceased. The court revoked the fraudulent letters of administration and ordered compensation for illegally alienated land.

Outcome

Plaintiffs' suit dismissed. Counterclaim substantially allowed. Fraudulent letters of administration revoked. Compensation ordered for illegally alienated land. Permanent injunctions granted to protect family graves and occupants.

Facts

The suit land originally comprised 110 acres belonging to the late Ibulaimu Kigula who died testate in 1929. According to the Succession Register (SR 5A), the land was distributed to various beneficiaries including Isaka Kagimu (19 acres), Mikairi Mukoloboza (10 acres), and others. The 1st Plaintiff obtained letters of administration to the estates of Ibulaimu Kigula and Isaka Kagimu through multiple applications containing false statements about his relationship to the deceased. In 2003, his first application was dismissed for being based on lies. He then forged a grant of letters of administration in 2005, which he used to register himself as proprietor and subdivide the land. He was convicted in 2013 for forging judicial documents. Despite obtaining fresh letters of administration in 2011, the court found all his grants were procured through fraud and misrepresentation. The Defendants/Counterclaimants challenged his title and claimed as beneficiaries and relatives of the deceased estates.

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 Counter claim 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.
  • Counterclaim substantially succeeds.
  • Declaration that 1st Counter-Defendant fraudulently obtained letters of administration and letters of probate to the estates of the late Ibulaimu Kigula and Isaka Kagimu.
  • Letters of Administration vide AC-0057 of 2011 to the estate of Ibulaimu Kigula revoked.
  • Letters of Probate vide AC-1133 of 2007 to the estate of Isaka Kagimu revoked.
  • Declaration that registration of 1st Counter-Defendant as proprietor of suit land and titles created therefrom were fraudulent and unlawful.
  • Declaration that registration of 3rd Counter-Defendant as proprietor of Block 101 Plot 4495 was unlawful.
  • Declaration that 2nd & 3rd Counter-claimants are related by collateral consanguinity to the deceased and entitled as beneficiaries to the estate of Isaka Kagimu.
  • 1st Counter-Defendant ordered to pay compensation to 3rd & 4th Counterclaimants for market value of 9 acres illegally alienated from Isaka Kagimu's estate.
  • 1st and 3rd Counter-defendants jointly and severally ordered to pay compensation to 1st/4th Counterclaimant for market value of 10 acres belonging to estate of Mikairi Mukoloboza.
  • Counterclaimants directed to obtain valuation reports for court approval.
  • Permanent injunction issued against 1st Counter-Defendant preventing eviction or damage to approximately 20 family graves on the suit land.
  • Permanent injunction issued against 1st Counter-Defendant preventing eviction of occupants from approximately 18 decimals containing family graves and small house.
  • Costs of counterclaim to be paid jointly and severally by 1st & 3rd Counter-Defendants to Counterclaimants in equal proportion.

Rules and key headnotes

Letters of Administration — Procurement by Fraud — Revocation
Where letters of administration are obtained through fraud, false statements, misrepresentation and dishonesty about the applicant's relationship to the deceased, such letters are invalid and liable to revocation under section 234 of the Succession Act regardless of whether they are first or subsequent grants.
Standard of Proof — Fraud — Glaring Falsehoods
Where a party's evidence contains glaring and irreconcilable falsehoods such that the same person claims to be simultaneously a grandson, great-grandson, grandnephew and son of the deceased, such falsehoods utterly destroy the veracity and confidence in that witness altogether and the court is entitled to reject the evidence in its entirety.
Registration of Title — Fraud — Effect on Subsequent Transfers
Under sections 77 and 190 of the Registration of Titles Act, where a certificate of title is procured by fraud, such certificate and all entries made pursuant to it are void as against all parties or privies to the fraud. A transferee who purchases land with notice of a caveat lodged by a prior claimant is deemed to have notice of that claim and cannot claim protection as a bona fide purchaser for value without notice.
Pleadings — Particulars of Fraud — Order 6 Rule 3
In all cases where a party relies on fraud, particulars must be pleaded with specificity under Order 6 Rule 3 of the Civil Procedure Rules, stating who committed the fraud, when, and how. However, courts can order cancellation of registration and transfers on account of illegalities alone without the parties necessarily having to plead and prove fraud, as illegality overrides all questions of pleadings.
Caveats — Effect — Section 141 Registration of Titles Act
Under section 141 of the Registration of Titles Act, so long as any caveat remains in force prohibiting any registration or dealing, the Registrar shall not enter in the Register Book any change in proprietorship or any transfer except in accordance with the consent of the caveator or with some provision of the Act. Registration of a transfer in contravention of an existing caveat is unlawful.
Customary Succession — Buganda — Finality of Distribution
Under the customary succession law of Buganda, before succession certificates were issued, the Kabaka and Lukiiko could vary the choice of succession and distribution of an estate. Once distribution was settled and expressed in formal certificates of succession and issued, neither the Kabaka nor the Lukiiko could cancel the certificates as they would be functus officio. Any claims arising after issuance of succession certificates could only be settled through the courts.
Collateral Consanguinity — Entitlement of Relatives
Under sections 21 and 23 of the Succession Act, relatives of a deceased who are related by collateral consanguinity (such as grandnephews and granduncles descending from the same stock or ancestor) may establish valid claims as beneficiaries to the deceased's estate where there are no surviving lineal descendants.

Legislation cited (28)

Cases cited (21)

  • Interfreight Forwarders v East African Development Bank [1990-1994] EA 117
  • 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)
  • Paulo Kaweesa v Administrator General & 2 Ors (HCCS No. 918 of 1993)
  • Re H.C Kabugembe v Kiwanuka & Ors (HC Misc. Applic. No. 42 of 1952)
  • Sewaya v Kaggwa & Ors (HCCA No. 42 of 1951)
  • Sewaya v Kaggwa & Ors [1954] EACA 30
  • Makula International Ltd v Cardinal Nsubuga (SCCA No. 4 of 1981)
  • David Sajjaaka Nalima v Rebecca Musoke (SCCA No. 12 of 1985)
  • Ipolito Semwanga v Kwizera Buchana Paul & Ors (HCCS No. 61 of 2005)
  • 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 v Sarah Kulata Basangwa, the Commissioner for Land Registration (HCMA No. 1329 of 2014)
  • Pushpad/o Raojibhai M. Patel [1960] EA 1033
  • Juliet Nabagala v Tereza Mbiro (HCMC No. 82 of 2011)
  • Khatijabai Jiwa Hasham v Zenab d/o Chandu Nansi [1957] EA 38
  • Aziz Kalungi Kasujja v Naune Tebekanya Nakakande (SCCA No. 63 of 1995)
  • Betty Kizito v David Kiziyiwa Katonya & Ors (SCCA No. 8 of 2018)
  • Ovoya Charles Poli v Wakunga (HC Civil Appeal No. 0013 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_Others_v_Mpagi_and_Others_(Civil_Suit_388_of_2018)_[2021]_UGHCLD_480_(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.