Land

Shokatali Abdulla Dhalla v Sadrudin Meralli ((Civil Appeal No.32 Of 1994)) [1995] UGSC 19 (8 September 1995);

Flynote: 

Search Summary: 

This was an appeal against judgement of the High Court on grounds that the trail judge erred in failing to properly evaluate the evidence as a whole and merely relied on that of the respondent.

The appellant sought for costs of the appeal, a declaration that the registration of the suit property was null and void, and cancellation of the respondent’s Certificate of Title.

 

The appellant argued that he was not registered on the transfer of the suit property as its successor, and that this was not normal practice, and that the respondent was registered instead as the next proprietor of the property.

 

Headnote and Holding: 

From the evidence that was adduced, it was found that there were some contradictions in the evidence of both parties, which contradictions were minor and did not relate to the issues.

It was further held that the trail judge did not properly evaluate the evidence in the case as a whole, thereby reaching an unfair decision.

 

Further, the court found that the appellant’s signatures on the transactions of registration were forged, and thus, the registration of the respondent was fraudulent.

 

Accordingly, the appeal was allowed with prayers granted to the appellant.

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