UGANDA, Fort Portal | Real Muloodi News | The High Court in Fort Portal has cleared the way for a land fraud case to proceed, rejecting an attempt by Beatrice Nyindombi Karanja, the wife of former Kenyan Vice President Dr. Josephat Njuguna, to have the case dismissed.
Justice Vincent Wagona ruled that the case should be heard on its merits after dismissing preliminary legal objections raised by Nyindombi.
The case revolves around allegations of land encroachment on a 73-hectare parcel of land, Block 45, Plot 7 in Harugongo Sub County, made against Nyindombi by the late Juma Hussein.
The dispute has its roots in a loan arrangement dating back to 1990 when Juma borrowed 12,000 Kenyan Shillings from Nyindombi to cover medical expenses.
The loan didn’t yield the expected results, and in 1997, Juma requested an additional loan of 1,150,000 Ugandan Shillings from Nyindombi.
Nyindombi, who was residing in Kenya at the time, sent the money through her brother, Kahwa, who delivered it to Juma.
In exchange, Nyindombi requested Juma’s land lease title as collateral for the loan, which he agreed to. However, following Juma’s passing, his family members, including Hakim Hussein, Rehema Namara Hussein, Fahmi Hussein Kahuma, Mariam Hussein, Jamila Hussein Karungi, and Aisha Hussein, stepped in as the petitioners in the case.
During the court proceedings, Nyindombi’s lawyer, Macdusman Kabega, argued that the case should be dismissed due to being filed outside the legal timeframe.
Kabega contended that, under the law, fraud could only be pursued when it is discovered or reasonably deemed to have been discovered.
He further pointed out that the suit was filed in 2019, a significant 19 years after the land transfer occurred in 1990. He argued that Juma’s delay in raising the matter constituted a breach of the law of limitation.
In contrast, the Husseins, represented by their lawyer Richard Bwiruka, contended that Juma had provided Nyindombi with a certificate of title as security
They argued that in 2010, Nyindombi had requested permission to use Juma’s land, which he had granted.
However, in 2014, Juma claimed that Nyindombi had asked him to sign blank transfer forms under the pretext of addressing encroachment issues.
Unbeknownst to him, his land title was transferred without his knowledge, consent, or approval.
The alleged fraud came to light in 2019, and it fell within the legal exceptions of the limitation period. In delivering the ruling, Justice Wagona dismissed Nyindombi’s objections, emphasising that fraud claims can be raised when they are discovered.
He stated that his role, at this stage, was to examine the plaintiff’s statement, the dates specified, and the exceptions presented.
After this review, Justice Wagona concluded that the cause of action emerged in 2019 when the plaintiff became aware of the fraud.
Therefore, the lawsuit filed in 2019 was well within the 12-year limitation period defined by the Limitation Act. As a result, Justice Wagona overruled Kabega’s arguments, allowing the trial to proceed based on its merits.
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