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Uganda decisions
Decisions matching the current search
Matovu v Oyeru (HCCS No. 681/1998) [2008] UGCA 26 (6 June 2008)
The Court of Appeal held that fraud was not proved against the appellant and allowed her appeal, affirming her tenancy in common in the suit property.
Khalfan and Others v Registrar of Titles and Others (C.C. 26/1932 (Mombasa).) [1933] EACA 6 (1 January 1933)
The court found that the certificate of ownership issued to Khamis bin Khalfan was obtained by deliberate fraud and misrepresentation, specifically by concealing the existence of a wakf trust and forging the translation of the application for registration. The Registration of Titles Ordinance provides statutory powers for the Registrar and the Court to rectify the Register and cancel certificates obtained by fraud. The court distinguished prior case law on indefeasibility of title, holding that certificates obtained by crime, such as forgery, are not indefeasible and may be cancelled. The pla…
Source excerpt
Arcadian Tobacco Co. Ltd v John Sinclair Ltd (C.A. 5/1932.) [1933] EACJ 1 (1 January 1933)
The Court of Appeal for Eastern Africa allowed an appeal over registration of the “Tatler” trade mark, holding the Kenya market was the relevant test for deception.
