Court name
Court of Appeal of Uganda
Judgment date
28 April 2017

Victoria Best Limited v Uganda Investments Authority & Anor (Civil Appeal-2014/110) [2017] UGCA 8 (28 April 2017);

Cite this case
[2017] UGCA 8
Short summary:

Lease, Title to Property

Headnote and holding:

The Uganda Land Commission transferred a parcel of land to the first respondent in 2005, which leased that land to the second respondent. In 2006, the appellant wrote to the Ugandan Land Commission and received a lease offer for the same land that had already been transferred to the first respondent. Both the respondents and the appellant have been issued a certificate of title for the same property. In the first instance, the trial judge ruled in favour of the respondents. The appellant then filed an appeal.

The court considered whether the certificate of title obtained by the appellant was valid. The court held that the lease offer received by the appellant was subject to the land being available. Given that the Uganda Land Commission had already transferred the property to the first respondent, the land was no longer available, and the Uganda Land commission was not in a position to issue any title over the land. Consequently, what occurred between the appellant and then Uganda Land Commission was a nullity, having no force of law. The trial judge was, therefore, correct in ordering the cancellation of the certificate of title wrongly obtained by the appellant and the appeal was dismissed.

 

Coram
Kakuru, JA
Egonda-Ntende, JA
Barishaki, JA