Justice John Eudes Keitirima of the Land Division of the High Court ruled that the transfers on the disputed land from the Anselm Semakula to the subsequent vendors that sold the land to Alice Karugaba were fraudulent.
Justice John Eudes Keitirima of the Land Division
The High Court
Land Division has ordered the Commissioner for Land Registration to cancel 5
certificates of titles issued on a 45-acre land in Wakiso District citing fraud.
The land in dispute which is located at Gayaza was originally registered in
the name of Anselm Semakula Musoke.
Justice John Eudes Keitirima of the Land Division of the High Court ruled that
the transfers on the disputed land from the Anselm Semakula to the subsequent
vendors that sold the land to Alice Karugaba were fraudulent.
Anselm Semakula and Karugaba were sued jointly with the Registrar of Land
Titles at Wakiso over fraudulent transactions on the deceased’s land.
Anna Nabatanzi Lule and her siblings; Mike Kasule and Gerald Kirinya who is the
administrator of their late Semakula Anselm Musoke’s estate filed the case in
Court documents show that Semakula Musoke died in September 1977 and left the
land which is now sub-divided into 5 plots yet he died without disposing of
any of his land.
The Court also heard that Anselm Semakula impersonated and imposed himself as
Semakula Musoke’s son and fraudulently without a locus, sold part of the land to
Herbert D. Sekadi and Latimer Kagimu.
According to the complaint, the subdivision on the original land title
was done following the lodging of a caveat and that the Commissioner Land
Registration in connivance with Karugaba released the caveat without notifying
the caveator nor her lawyers.
Keitirima observed that despite all the anomalies, Karugaba went ahead to
purchase the land whereby she either ignored the said anomalies or never
carried out a search that would have revealed the anomalies.
“it is an
elementary principle of our legal system that a litigant/client who is
represented by an Advocate is not bound by the acts and omissions of the
advocate in the course of representation. Therefore, if Karugaba relied on her
lawyer to carry out a search as she stated in her defense, she is bound by what
her advocate advised her to do,” the judge observed.
Keitirima held that the disputed land forms part of the estate of the late
Anselm Semakula Musoke and should be administered by the administrators of the
estate of the deceased.
“I wish to
add that a bona fide purchaser for value without notice of any fraud
must have carried out reasonable due diligence before he or she has
purchased the land on sale. This would ideally include carrying out a search on
the title so as to verify ownership and whether the land is encumbered,” he
The judge has ordered the Commissioner for Land Registration to restore the
name of the deceased, Anselm Semakula Musoke on the Register Book in the office
of the Registrar of Titles and subsequently register the administrators of the
estate of the said deceased.
“An eviction is to issue against Karugaba from the land. A permanent
injunction is to issue against the first and second defendants restraining them
from further trespass on the suit land,” held the judge before ordering the
accused parties to jointly pay the complainants general damages worth 1 Billion
Shilling with an interest of 10 percent per year from date of judgment till
payment in full.