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Jinja High Court orders for cancelling of businessman jay maganlal patel’s land title over fraudulent acquisation

Jinja High Court has ordered for Cancelling of Businessman Jay Maganlal Patel’s Land Title over Fraudulent Acquisation.

In 2016, the Jinja District Land Board sought to re-enter the land stating that Jinja Municipal Council had not met the conditions of the lease. The land board then granted a freehold title to Yahaya Kisakye and Ashraf Buyinza, resulting in a complaint from the Jinja Municipal Council to the Commissioner Land Registration. On 12th October, 2018, the registrar amended the register and canceled the freehold title created in favor of Kisakye and Buyinza and reinstated Jinja Municipal Council’s leasehold title.

Subsequent to the above, on 17th May 2016, the Commissioner Land Registration wrote to the Town Clerk, Jinja Municipal Council, informing them that the office of the Commissioner Land Registration has received an application from Jinja District Land Board to note re-entry in respect of the suit property on grounds of failure to observe conditions contained in the lease and that the office of the Commissioner had gone ahead and noted the re-entry on the suit property.

A freehold was thereafter offered to Mr Thummer Jay Mangalal Patel on 8th October 2018, and Mr Thummer Jay Mangalal Patel was granted a freehold title vide instrument number JA-00019041 at 10:05 am on 02nd August 2019.

However, on 11th March 2020, following another complaint by Jinja Municipal Council, the Commissioner Land Registration made another Amendment to the Register under his special powers conferred by section 91 of the Land Act, and canceled Mr Thummer Jay Mangalal Patel’s freehold title and re-instated Jinja Municipal Council’s lease and Tirupati Development (U) Limited sub-lease.

Prior to the last Amendment to the Register, Tirupati Development (U) Limited, represented by Aegis Advocates, had filled a lawsuit seeking a declaration that the suit property belongs to them and was seeking an injunction against Mr Thummer Jay Mangalal Patel to prevent him from interfering with Tirupati Development (U) Limited’s quiet enjoyment of the suit land. 

Mr Thummer Jay Mangalal Patel represented by Sekidde Associated Advocates filed a counterclaim against Tirupati Development (U) Limited averring that he is the lawful owner of FRV JJA 478 Folio 1 Plot 24B Kyabazinga way, Jinja Municipality.

With the issues well spelt out, court commenced hearing of the lawsuit with each side presenting their case, witnesses, evidence and anything that could work in their favor. After hearing both sides, Justice Jeanne Rwakakooko passed a judgment on 17th August 2021 in the high court at Jinja determining that Mr Thummer Jay Mangalal Patel fraudulently acquired the disputed land and ordered that Tirupati Development (U) Limited be given their sublease and Jinja Municipal Council be reinstated as the owners of the main lease.

In her ruling, Justice Jeanne Rwakakooko determined that the land board’s re-entry that gave Mr Thummer Jay Mangalal Patel ownership of the suit land was not proper and that the said meeting minute offering the freehold to Mr Thummer Jay Mangalal Patel was inserted fraudulently.

 “Mr Thummer Jay Mangalal Patel failed to explain to satisfaction of the court how he came to be offered this land.” She ruled

The judge ordered that the land belongs to Tirupati Development (U) Limited as a sub-lease and that Mr Thummer Jay Mangalal Patel’s freehold title comprised in FRV JJA 478 Folio 1 Plot 24b Kyabazinga Way, Jinja Municipality, Jinja District was fraudulently and illegally obtained.

She upheld orders of the Commissioner Land Registration dated 11th March 2020 including cancellation of Mr Thummer Jay Mangalal Patel  freehold from register book, reinstatement of sub-lease between Tirupati development (U) Limited and Jinja Municipal Council for 18 years, 8 months and 25 days with effect from 1st March 2008.

“Mr Thummer Jay Mangalal Patel is directed to hand over freehold register volume JJA478 Folio 1 in the name of Thummer Jay Mangalal Patel to the Commissioner Land Registration to effect cancellation of the said tittle over the suit property.” reads in part of court ruling

Justice Jeanne Rwakakooko, who confirmed that the registrar of titles issues a sub-lease tittle to Tirupati, awarded general damages of Shs10M.

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