Kabei Associated Advocates

30/10/2024

31/07/2024

In the Case of Philip Ddumba & David Luzige versus David Arthur Bagambe, Civil Appeal No. 07 of 2022.

The Supreme Court highlighted that to assert the defense of a bona fide purchaser for value without notice, one must demonstrate they acted in good faith and lacked both actual and constructive notice of any fraud. Justice Mwondha emphasized that even if the title seemed unencumbered, the respondent was obligated to conduct a thorough title search. The Court found that the respondent's awareness of the beneficiaries' equitable interest in the land rendered it inequitable for him to insist on the transfer, thereby disqualifying him from being considered a bona fide purchaser. Consequently, the Court ordered the removal of the respondent's name from the register and the revocation of the certificates of title for the disputed land. This decision was notably reached with two dissenting opinions, while three justices formed the majority._

Lead judgment was delivered by Hon. Lady Justice Faith Mwondha on July 26, 2024.

case summarized by Mr. Kabei Peter
Partner KAADS Associated Advocates

14/04/2023

18/01/2022

Happy birthday Honorable CHIEF JUSTICE ALPHONSE OWINY DOLLO CHIGAMOY