Nuru Hassan Shariff v The Administrator of the Estate of the late Shamji Jamal Lakhan
Nuru Hassan Shariff v The Administrator of the Estate of the late Shamji Jamal Lakhan (Civil Suit No. 034 of 2011) [2019] UGHC 23 (17 December 2019)
The suit is not time barred because the plaintiff pleaded fraud and the cause of action arose upon discovery of the alleged fraud in July 2011, as supported by Section 25 of the Limitation Act. However, the plaintiff lacks locus standi to challenge the defendant's title or repossession certificate. The temporary allocation certificate issued by the Departed Asian Property Custodian Board did not confer any legal rights to the plaintiff after the Minister of Finance issued a repossession certificate in 1994. The Board had no authority to allocate the property thereafter, and any such allocatio…
Source excerpt
- Limitation Of Actions
- Locus Standi
- Expropriated Properties Act
- Fraud In Land Title
- Temporary Allocation Of Property