owners of the suit property on the basis that the sales and transfers of the suit property by the 1st respondent, A.B. Popat, to both were illegal and therefore null and void.
The appellant alleged that A.B. Popat illegally and without authority signed documents on behalf of the appellant to transfer the suit property to Anil Damani fraudulently. Similarly, the appellant alleged further that Anil Damani transferred the same suit property to Joseph Ssempebwa also fraudulently and with the knowledge of the latter which rendered him a purchaser with notice.
Respondent No.l admitted that he performed the sale transactions in dispute but did so legitimately and legally on behalf of the appellant and with the appellant’s express authority. Respondents 2 and 3 both asserted in their respective defences that they were bona fide purchasers of the suit property without notice. They denied any acts of illegality or fraud as claimed by the appellant.
In the High Court admitted documents showed that while the appellant operated as a registered limited company, two of its directors, Mr. Kanchanben Bhagwanji Musrani and Jayantilal Kalyanji Musrani; granted a power of attorney to the first respondent, A.B. Popat with authority to repossess the suit property which had been compulsorily acquired under the military government of Idi Amin and placed under the management of the Departed Asians Property Custodian Board. The power of attorney was signed, sealed and executed on the 16th of July 1992. On 5th, December, 1996, the same two directors of the appellant executed an additional power of attorney in favour of the 1st respondent giving him authority to sell and transfer the suit property to buyers. The two respective powers of attorney are contained in two undisputed documents, namely Exhibits No. P12 and No. P.20.
On the 2nd January, 1997, a document signed by one of the directors, Jayantilal Kalyanji Musrani, Exhibit P. 11, purported to cancel the powers of attorney granted to the 1st respondent. The alleged