Namakula v Namukasa and Another
Namakula v Namukasa and Another (Civil Suit 20 of 2014) [2024] UGHCLD 250 (2 October 2024)
The court found that the suit kibanja originally belonged to Mukiibi Sirasi, who died intestate, and that neither statutory nor customary law had devolved the property to Mohamed Nkambwe or his estate. No letters of administration were taken out for the estate of Mukiibi Sirasi, and thus no one had legal authority to sell or deal with the property. The sale of the suit kibanja by the 1st Defendant and others to the 2nd Defendant was therefore illegal and amounted to intermeddling with the estate. The defence of bona fide purchaser for value without notice was not available for kibanja holding…
Source excerpt
- Succession Of Land
- Intestate Estate
- Fraudulent Sale
- Customary Inheritance
- Burden Of Proof