Cresensio Mukasa v Yakobo Senkungu and Others
Cresensio Mukasa v Yakobo Senkungu and Others (Civil Appeal No. 35 of 2006) [2010] UGCA 60 (26 July 2010)
The Court of Appeal found that the learned trial judge failed to properly evaluate the evidence regarding the chain of land transfers and the conduct of the parties. The absence of a defence by the first respondent and lack of explanation for the transfers from Nakaima to Ssekasiko and subsequently to the respondents pointed to fraudulent intent. The respondents were aware of the appellant's claim and possession, yet proceeded with the transaction, negating their claim to be bonafide purchasers. The court held that fraud was proved on the part of the first respondent and imputed to the 2nd to…
Source excerpt
- Fraud In Land Transfers
- Registration Of Titles
- Burden Of Proof
- Bonafide Purchaser
- Estoppel By Laches