Mutyaba v Semwogerere and 2 Others (HCCS 798 of 2017)
Mutyaba v Semwogerere and 2 Others (HCCS 798 of 2017) [2023] UGHCLD 128 (15 May 2023)
The court found that Mr. Semwogerere impersonated the deceased registered proprietor to fraudulently mortgage the suit property to Kasida Ltd, which then purported to sell it to Ms. Ndiwo. The mortgage transaction was void ab initio for fraud and illegality, as only the registered proprietor or a duly authorized person can create a valid mortgage. Kasida Ltd was not licensed to lend money at the time, and the loan agreement failed to disclose principal and interest, further rendering the transaction illegal. The subsequent sale to Ms. Ndiwo was also void for fraud, as she was not a bona fide…
Source excerpt
- Fraudulent Conveyance
- Mortgage Invalidity
- Bona Fide Purchaser
- Registration Of Titles
- Land Recovery