MULINDWA DANIEL JOSEPH:::::::::::::::::::::PLAINTIFF
BEFORE: HON MR JUSTICE RUBBY AWERI OPIO
owner of land comprised in Kyadondo Block 244 plot 1808 at Kisugu. On the 13th November 1995 the defendant fraudulently lodged a transfer form dated 18th September 1998 purporting that the deceased had executed the same in her favour allegedly after payment of shs.3,000,000/= (Three
million). The plaintiff being administrator of the said estate brought this suit for:
Whether the defendant fraudulently transferred title for land at Kisugu Block 244 plot 1808. What remedies are available to the plaintiff? (5) The plaintiff is awarded costs of this suit.
A declaration that the piece of land comprised in Kyadondo Block 244 plot 1808 measuring 0.10 hectares
at Kisugu, Kampala belongs to the estate of the late deceased.
An order that the certificate of title in the names of the defendant be cancelled.
An order that the certificate of title be transferred in the names of the plaintiff as the administrator
of the estate of the deceased.
enable her proceed as if she had filed a defence in terms of order. However, she never turned up. The plaintiff accordingly testified
together with a handwriting expert.
as Block 244 Plot 108 measuring 0.10 hectares, which she had bought from one Nakibuuka Kiwanguzi on 1st December 1969 and became registered onto the title. The plaintiff testified further that around 1997 before his mother died, she intimated
to him that some unknown person had transferred her land fraudulently and yet she had never sold her land to anyone. When she realized
that fraud she lodged a caveat onto the land on 7th April 1999 Instrument No. KLA 203485 (exhibit P1). The plaintiff confirmed that he knew the signature of the deceased and that the
purported signatures on the transfer instruments were not those of the deceased.
on Sembule Investment Bank's identity cards issued on 2/7/1993 and 2/1/1997 and caveat forbidding registration of any change of names
on Block 244 Plot 1808 dated 29th March 1999 where he observed several significant differences such as the letter design (e.g. letter N), the letter proportions, spacing;
slop (for example the letter I stands differently on specimens and the final letter "e"). He concluded accordingly that
the writer of the specimen did not write the questioned signatures on annextures "A" "B" "C" and "D". Therefore he concluded that the signatures on questioned documents and the specimens were by different writers and as such the only
plausible conclusion was that the defendant forged the signatures of the deceased Lusajjalubi Nalule to get registered onto the title.
the defendant was done fraudulently by forging the deceased signatures. Accordingly, the first issue is answered in the positive.
suit property. According to the case of Zebiya Ndagire Vs Leo Kasujja  HCB 153 where land transfer forms or certificate contained forgery of the signature of the plaintiff as vendor and transfer of the land to
the defendant was obtained by fraud, the purported transfer and any relevant entry in the Register book were held to be void against
Nalule she was therefore a registered person through fraud under section 176 of the Registration of Titles Act. According her title
is void under section 77 of the Registration of Titles Act. Therefore in terms of the decision in Kigozi Mayambala Vs Sentamu  JCB 68, having found that the certificate is null and void, it must be cancelled under section 285 of the Registration of Titles Act.
The suit land comprised in Kyadondo Block 244 Plot 1808 measuring 0.10 hectare at Kisugu, Kampala belongs
to the estate of the later Jane Lusajjalubi Nalule.
Certificate of title in the names of the defendant be cancelled having obtained it by fraud and therefore
null and void.
Certificate of title be registered in the names of the plaintiff as the administrator of the estate of
I decline to award general damages since the plaintiff had not been disposed of the property and has
been renting the same to tenants.
RUBBY AWERI OPIO JUDGE
Denis Onek for plaintiff present. Court:-
Whether the defendant fraudulently transferred title for land at Kisugu Block 244 plot 1808.
What remedies are available to the plaintiff?
(5) The plaintiff is awarded costs of this suit.