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Kisoro Municipal Council and Another v Zungu (Civil Appeal 294 of 2016)

Court of Appeal · [2020] UGCA 2151 · 2020 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Second appeal from the High Court's dismissal of a first appeal against a Magistrate Grade 1 decision in a land claim
Decision
Second appeal dismissed; lower courts' findings on the respondent's right to occupancy and compensation upheld

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Holding

The Court of Appeal dismissed the second appeal. It held that the concurrent findings of fact by the trial Magistrate and the first appellate judge that the respondent held a customary/occupancy right to the land could not be challenged on a point of law under section 72 of the Civil Procedure Act. The appellants' opposition rested on a statutory lease which had been revoked by Article 286 of the 1995 Constitution and ceased to exist before the respondent filed her claim, leaving the appellants with no lawful basis to contest her right. Under Article 237 land vested in citizens, and the respondent was entitled to registration or, if the land was allocated for urban planning, to compensation under Article 26.

Facts

The respondent filed a claim in the Kisoro District Land Tribunal in 2004 asserting customary ownership of land in Kisoro Town, which she received from her mother as a gift. She alleged that from 1995 the first appellant, without right or consent, began plotting and distributing the land to developers. The appellants opposed the claim, relying on a statutory lease granted to the urban authority under the repealed Public Lands Act 1969 and the assertion that the second appellant was the controlling authority over public land. The claim was transferred to and heard by a Magistrate Grade 1, who found the respondent had customary interests violated by the appellants and ordered survey, valuation and compensation. The High Court dismissed the appellants' first appeal, finding the respondent the rightful owner by proved possession and protected under Article 26. The appellants brought a second appeal to the Court of Appeal.

Issues

  1. Whether the second appeal raised questions of law as required by section 72 of the Civil Procedure Act, or only questions of fact and was therefore incompetent.
  2. Whether the appellants could challenge the respondent's right to the land on the basis of a statutory lease revoked by Article 286 of the Constitution.
  3. Whether the lower courts erred in finding the respondent entitled to occupancy of the suit property as a customary owner or bona fide occupant.

Orders

  • The appeal is dismissed with costs.

Key headnotes

Civil Procedure — Second Appeals — Restriction to Points of Law under Civil Procedure Act s.72
A second appeal lies to the Court of Appeal only on the grounds of law specified in section 72 of the Civil Procedure Act; concurrent findings of fact by the trial court and the first appellate court cannot be challenged on a second appeal.
Land & Property — Statutory Leases to Urban Authorities — Revocation by Article 286 of the 1995 Constitution
Statutory leases granted to urban authorities under the repealed Public Lands Act 1969 ceased to exist upon the coming into force of the 1995 Constitution by virtue of Article 286, and cannot afterwards found a right to land against a citizen claimant.
Land & Property — Land Tenure — Vesting of Land in Citizens under Article 237
Under Article 237 of the Constitution land in Uganda vests in the citizens and is held by the district land board only in trust; a customary owner or bona fide occupant enjoys security of occupancy and a right to apply for registered proprietorship.
Land & Property — Compulsory Acquisition — Compensation under Article 26 and Land Act s.76(1)(a)
Where a local government acquires land in the public interest under Article 237(2)(a), the owner must be promptly and fairly compensated under Article 26 of the Constitution and section 76(1)(a) of the Land Act.

Legislation cited (12)

  • Constitution of the Republic of Uganda 1995 Article 26
  • Constitution of the Republic of Uganda 1995 Article 237
  • Constitution of the Republic of Uganda 1995 Article 286
  • Civil Procedure Act s.72
  • Civil Procedure Act s.74
  • Land Act Cap 227 s.2
  • Land Act Cap 227 s.29
  • Land Act Cap 227 s.57(1)
  • Land Act Cap 227 s.76(1)(a)
  • Public Lands Act 1969 (Act 13 of 1969) s.15
  • Public Lands Act 1969 (Act 13 of 1969) s.54
  • Statutory Instrument No 65, Urban Authorities (Declaration of Town Council) (Mukono and Kisoro) Order
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.