Land

Nazmudin Gulam Hussein Viram v Nicholas Roussos ((Civil Appeal No 1 of 2006)) [2006] UGSC 21 (23 November 2006);

Flynote: 

Search Summary: 

This appeal arose from the property of
departed Asians that had been given to the
prisons department but later contested s
belonging to the appellant. The respondent
filed successfully and an ex parte judgment
was entered but set aside on application but on
further hearing, the proprietorship was found to
be laying with the respondent hence the appeal
on the grounds that the transaction was
fraudulent, improper evaluation of evidence on

record, privity of the appellants in the alleged
fraud, holding on bonafide occupancy.

Headnote and Holding: 

The court held that Once fraud has been
proved, and the defence of a bone fide
purchaser for value without notice ruled out, no
transaction can pass title to anyone under such
circumstances.

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