A Caveat Removed One Minute Before Transfer: A Ugandan Court Strips a Church of Land It Obtained by Fraud

• Uganda’s High Court found Streams of Life Church and its senior pastor obtained two plots by fraud
• The court cancelled the church’s title and reinstated the original owners
• It awarded UGX 25 million in general damages and UGX 25 million in mesne profits
• Evidence included forged signatures and a caveat removed one minute before the transfer

A Ugandan court has ordered a church to give back land it obtained fraudulently and to pay damages, according to a case note by Carmel Rickard published by AfricanLII on September 14, 2023.

At the High Court in Kampala, Judge Bernard Namanya found that Streams of Life Church Ltd and its senior pastor, Gerald Mwebe, had obtained plots 34 and 35 by fraud. “The entire transaction for sale of land from start to finish is unravelled by the fraud,” the judge said.

The evidence included forged signatures on transfer forms and the illegal removal of a caveat that protected the original owners’ interests. The caveat was removed one minute before the land was transferred to the church.

The court ordered the church’s certificate of title for the two plots cancelled and the original owners, Robinah Nakawombe and Jane Nakityo, reinstated. The church was given three months to vacate or face eviction and ordered to remove any illegal structures. It was also ordered to pay UGX 25 million in general damages and UGX 25 million in mesne profits, with 15 per cent interest and legal costs.

Churches are usually the victims in land disputes, but this case is a reminder that a congregation can also be on the wrong side of a fraudulent deal, and lose both the land and anything built on it. In Jamaica, a church buying land should use its own attorney, search the title at the National Land Agency, check for caveats and make sure the seller is the registered owner. A clean title protects the congregation’s money and its reputation.

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