[2008] UGCA 26

[2008] UGCA 26

The Court of Appeal held that the appellant, having been registered as a proprietor, could only be ejected if fraud attributable to her was strictly proved. The evidence did not establish fraud by the appellant, either directly or by implication, at the time of registration. The respondent's fear of victimization and the arrangement for nominal co-ownership did not amount to fraud on the part of the appellant. The transfer form indicated consideration was paid by both purchasers, and the respondent was bound by its terms. The court found that the respondent failed to bring herself within the ambit of section 176 of the Registration of Titles Act, and her evidence did not support...

Citation
[2008] UGCA 26
Parties
Appellant: Florence Namuli Matovu; Respondent: Hellen Oyeru
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Judgment Date
6 June 2008
Case Number
HCCS No. 681/1998
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal_allowed
Judges
Mpagi-Bahigeine, JA, Twinomujuni, JA, Byamugisha, JA
Legal Topics
Registration of Titles, Fraud in Property Transfer, Joint Ownership Disputes, Rectification of Title, Burden of Proof in Fraud, Remedies for Wrongful Registration
Source Language
English
Land and Property Civil Procedure Registration of Titles Fraud in Property Transfer Joint Ownership Disputes Rectification of Title Burden of Proof in Fraud Remedies for Wrongful Registration

Case Brief

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Parties

Florence Namuli Matovu

Appellant

Hellen Oyeru

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant was a bona fide transferee for value of the suit property.
  2. 2 Whether the respondent was wrongfully deprived of her proprietary rights through fraud attributable to the appellant.
  3. 3 Whether the High Court erred in ordering rectification of the certificate of title to exclude the appellant.

Ratio Decidendi

The Court of Appeal held that the appellant, having been registered as a proprietor, could only be ejected if fraud attributable to her was strictly proved. The evidence did not establish fraud by the appellant, either directly or by implication, at the time of registration. The respondent's fear of victimization and the arrangement for nominal co-ownership did not amount to fraud on the part of the appellant. The transfer form indicated consideration was paid by both purchasers, and the respondent was bound by its terms. The court found that the respondent failed to bring herself within the ambit of section 176 of the Registration of Titles Act, and her evidence did not support...

Court Disposition

appeal_allowed

Orders

  • The respondent is to render an account of income derived from the appellant's wing of the property from 30-10-1991 until payment in full, before the Registrar of the Court of Appeal within 2 months.
  • Interest on the income at 20% per annum until payment in full.