Administrative Law

Rurangaranga Edward v Mbarara Municipal Council & Ors (Supreme Court Civil Appeal No. 10 Of 1996 ) [1997] (8 August 1997);


Search Summary: 

In this appeal, the appellant sought to set aside the ruling of the trial judge on the matter that he had acquired a lease fraudulently.

Headnote and Holding: 

The court held that he appellant to have applied for the suit land stating that there was no building thereon except stones and sand, repeating the same in court, whereas there was an erected building already occupied, was evidence of guilty knowledge and fraud.

That the appellant did not obtain a valid lease because the committee that purported to do so had expired.

That     It was inequitable for the 1st respondent to revoke the 2nd and 3rd respondents’ lease without adequate hearing, when the two respondents had by letter explained that their failure to complete the building was due to the onset of the 1979 Nyerere-Amin war, and the subsequent failure to find building materials.  And moreover, the building had been substantially completed excepting the water system, and a temporary occupation permit had been given.

That the learned trial judge was correct to go behind the certificate of registration and to find that the respondents had been deprived of their property by fraud, in spite of the existence of the certificate of title in the names of the appellant.

That the learned trial judge erred to have awarded damages as mesne profits against the appellant because the appellant was not a trespasser at the time he occupied the suit property, it having been on a lease which had been granted him by the 1st respondent.


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