Africa-Press – Uganda. Court in Jinja has directed for the cancellation of a land tittle issued to businessman Jay Thummar Maganlal Patel in regard to prime land on Plot 24 Kyabazinga Way, Jinja City.
Justice Jeanne Rwakakooko in her August 16 ruling instead held that the land measuring about 5.34 hectares belongs to Tirupati Development (Uganda) Limited by virtue of the sub-lease it obtained from Jinja Municipal Council.
“The sub-lease between the Tirupati Development U Ltd and Jinja Municipal Council registered as an instrument no. 40280 of September 23, 2008 for 18 years, 8 months and 25 days with effect from March 1, 2008, be forthwith reinstated as an encumbrance on the leasehold register volume 3852 Folio 22 of the register book,” she ruled.
To that effect, Justice Rwakakooko directed Mr Patel to surrender the freehold register to the commissioner for Land Registration to effect cancellation of the title over the suit property.
The judge also ordered the commissioner for Land Registration to issue a sublease tittle to Tirupati.
The judge in her analysis observed that Mr Patel’s freehold title was fraudulently obtained.
“Fraud was imputed on the part of the defendant (Mr Patel) since he failed to explain to the satisfaction of court how he came to be offered this land and court is inclined to believe that the said minute offering the freehold to the defendant (Mr Patel) was inserted fraudulently,” ruled Justice Rwakakooko.
Court also ordered Mr Patel to pay costs incurred by Tirupati in successfully prosecuting the law suit against him.
