Birimumaso v Nkinzehiki
Birimumaso v Nkinzehiki (Civil Appeal 270 of 2021) [2025] UGCA 26 (24 January 2025)
The Court of Appeal held that the respondent, as the registered proprietor of the suit land, is entitled to ownership under Section 59 of the Registration of Titles Act. The appellant failed to plead fraud, which is the only ground for impeaching a certificate of title, and thus could not challenge the respondent's title based on alleged illegalities in the execution process. The court found that any irregularities in the auction or execution should have been addressed in the executing court, not in the present proceedings. The trial judge's award of damages, eviction, and costs was upheld, w…
Source excerpt
- Registration Of Titles
- Court Auction Sales
- Execution Of Decrees
- Impeachment Of Title
- Fraud Pleading Requirements