Court name
High Court of Uganda
Judgment date
21 January 1992

Daudi C Manyindo v DAPCB & Anor (Civil Suit-1990/18) [1992] UGHC 16 (21 January 1992);

Cite this case
[1992] UGHC 16

 

THE REPUBLIC OF UGANDA
IN THE HIGH COUR
T OF UGANDA AT FORT PORTAL
CIVIL SUIT NO. DR. MFP 18/90

DAUDI C. MANYINDO:::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF

VERSUS

1. DEPARTED ASIANS PROPERTY CUSTODIAN BOARD :::::::::DEFENDANT
2. MARY HALL
BEFORE: THE HONOURABLE MR. JUSTICE I. MUKANZA

JUDGMENT
The plaintiff as the Registered Proprietor of land comprised in Burahya freehold Register Block 31 plot 2 land at Bulyambuzi Burahya brought this action against the defendants seeking for the following remedies:-
(a) A declaration that the lease of the suit property never passes to the first defendant.
(b) A declaration that the allocation of the suit property to the second defendant was unlawful and ineffectual.
c) A declaration that the plaintiff was entitled to re-entry.
(d) And an order directing the Registrar to remove the lease encumbrance from the title to Burahya Block 31 plot 2.
(e) Costs of the suit.
According to the plaint the first defendant is a statutory corporation whereas the second defendant is an individual of sound mind. By a lease dated 20th November 1964 the plaintiff’s father leased the said land to Jeraj Sons limited and Kalmal Rashid limited companies incorporated in Uganda and ran by Asians. The lease was to run for 99 years commencing on the 20th day of November 1964. The lessees paid the rents for the first twenty five years of the lease. Following the expulsion of the Asians by the