Shaban and Another v Lamba Enterprises Limited and Another
Shaban and Another v Lamba Enterprises Limited and Another (Civil Suit No. 287 of 2023) [2023] UGHCCD 127 (4 May 2023)
The court found that the Plaintiffs had proved, on a standard higher than the balance of probabilities, that the 1st Defendant was fraudulently registered as proprietor of the suit land. The 1st Plaintiff never executed any transfer forms or sale agreement in favour of the 1st Defendant, and the evidence showed that the signature on the transfer forms and the photos of the purported directors were unfamiliar to him. The Defendants failed to challenge or explain the circumstances of the transfer. The law requires strict proof of fraud, which the Plaintiffs satisfied through uncontroverted evid…
Source excerpt
- Fraudulent Transfer Of Land
- Cancellation Of Title
- Burden Of Proof
- Remedies For Fraud
- Permanent Injunction