Ezrah Kashumbusha.
KAMPALA, January 30, 2024 | The High Court in Kampala has strongly criticized two city lawyers and their law firm for orchestrating fraudulent land transactions, leaving their client, Barbra Namayega, in distress. High Court Judge Stephen Mubiru, in a ruling dated January 29, 2024, stated that the lawyers, Denis Etot and Albert Mooli Sibuta, along with their law firm Waluku Ronny Wataka P/a Waluku, Mooli and Company Advocates, had breached the trust of their client.
The judgment directed the lawyers to compensate Namayega with a sum of Shs. 62 million, representing the amount she had paid for the land in Kibuka Block 23, plot 612 Busega in Kampala.
Justice Mubiru emphasized that Etot had voluntarily assumed a duty of care to Namayega in properly identifying the seller. Advocates involved in land transactions are expected to warrant the true identity of the seller, and when the seller turns out to be an imposter, the advocates are held responsible for the purchaser’s loss due to their failure to take reasonable precautions in verifying the vendor’s true identity.
The judge revealed that Etot, by stepping outside his role as a mere advocate for his client and assuming a role for the benefit of Namayega, breached the duty of care owed to her. This breach occurred when Etot acted on unconvincing evidence of the imposter, ultimately causing financial harm to Namayega.
Justice Mubiru concluded that the plaintiff had, on the balance of probabilities, proven that the defendants should compensate her financially. Additionally, the lawyers were ordered to pay Shs 10 million to Namayega as general damages, with interest accruing until full payment. The costs of the suit were also to be covered by the lawyers.
The court documents revealed that in August 2019, Namayega, interested in purchasing land in Busega, contracted the services of a private law firm, Mukiibi, Sentamu and Company Advocates, to conduct a title search. The law firm confirmed the land’s registration in the name of Bakia Kintu Nanfuka.
However, it later transpired that the duplicate certificate of title held by Waluku Ronny Wataka of Waluku, Mooli and Company Advocates, the firm used to conclude the transaction, was forged. Lawyers Albert Mooli Sibuta proceeded with the sale agreement, leading to Namayega paying Shs. 62 million as the purchase price.
Namayega, expecting vacant possession of the land, found that the seller became evasive, and the duplicate certificate of title was forged. The person claiming to be Nanfuka turned out to be an impersonator, leading Namayega to conclude that the lawyers had colluded with the impersonator to defraud her.
