[2017] UGHCLD 373

[2017] UGHCLD 373

The plaintiff failed to prove that the suit land forms part of the estate of the late Malia Lwiza Nalongo Nanyonga, as the evidence showed that the land changed hands lawfully over decades and the action for recovery was time-barred under the Limitation Act. The 1st defendant was found to be a bonafide purchaser for...

Source-derived case information.

Citation
[2017] UGHCLD 373
Parties
Plaintiff: Rosemary Nabukenya; Defendant: Bwogi Abdul-Nasir; Defendant: William Nsamuzi Kasiga
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Case Number
Civil Suit No. 251 of 2009
Procedural Posture
Civil Suit / Final Judgment
Outcome
Plaintiff's suit dismissed with costs; judgment entered for defendant on counterclaim.
Judges
Namundi, J
Legal Topics
Ownership Dispute, Certificate of Title, Limitation of Actions, Bonafide Purchaser, Fraud Allegations, Removal of Caveat
Source Language
en
Land and Property Civil Procedure Ownership Dispute Certificate of Title Limitation of Actions Bonafide Purchaser Fraud Allegations Removal of Caveat

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Parties

Rosemary Nabukenya

Plaintiff

Bwogi Abdul-Nasir

Defendant

William Nsamuzi Kasiga

Defendant

Procedural Posture

Civil Suit / Final Judgment

  1. 1 Whether the land in dispute forms part of the estate of the Late Malia Lwiza Nalongo Nanyonga.
  2. 2 Whether the 1st defendant is a bonafide purchaser of the suit land for value without notice.
  3. 3 Whether the 1st defendant's title is liable for cancellation for land comprised in Kyadondo Block 9 Plot 358.

Ratio Decidendi

The plaintiff failed to prove that the suit land forms part of the estate of the late Malia Lwiza Nalongo Nanyonga, as the evidence showed that the land changed hands lawfully over decades and the action for recovery was time-barred under the Limitation Act. The 1st defendant was found to be a bonafide purchaser for value without notice, having conducted due diligence and found no encumbrance at the time of purchase. No evidence of fraud was established against the 1st defendant. The certificate of title held by the 1st defendant is conclusive evidence of ownership, and the plaintiff's caveat was lodged after the defendant's registration. The plaintiff's suit is dismissed, and the...

Court Disposition

Plaintiff's suit dismissed with costs; judgment entered for defendant on counterclaim.

Orders

  • The suit land comprised in Block 9 Plot 358 Kibuga is declared property of the First Defendant and does not form part of the estate of the late Maria Lwiza.
  • The First Defendant is declared a bonafide purchaser for value without notice and rightful owner of the suit land.