Wakilii

Acero-Goll and Another v Uganda Land Commission and 2 Others (Civil Suit 135 of 2005)

High Court · [2024] UGHCLD 87 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages arising from breach of trust, breach of contract, fraud, trespass to land, and breach of statutory duty concerning a leasehold encroaching on a gazetted forest reserve
Decision
Judgment entered for plaintiffs with compensatory damages, interest, and costs against the defendants jointly and severally

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the suit was not time barred as the defendants' protracted negotiations and representations led plaintiffs to delay legal proceedings under the doctrine of legitimate expectation. Held that the Uganda Land Commission lacked power to grant a lease over land forming part of a gazetted forest reserve. The plaintiffs established constructive possession as registered proprietors and suffered wrongful eviction. Judgment entered for plaintiffs with compensatory damages of UGX 15,060,682,770 as assessed by the Chief Government Valuer, plus interest and costs.

Outcome

Judgment entered for plaintiffs with compensatory damages, interest, and costs against the defendants jointly and severally

Facts

In 1975 the Uganda Land Commission offered the plaintiffs a lease over approximately 450 hectares at Kiruli, Kasese District, extended to 44 years in 1983. The plaintiffs developed the land extensively establishing a mixed farm with buildings, livestock, crops, infrastructure, and water facilities. Unknown to the plaintiffs, approximately 398 hectares of the leased land fell within the gazetted Mubuku Forest Reserve. In 1987 the District Officer ordered the plaintiffs to vacate, claiming the lease was illegal. The plaintiffs were evicted in 1988. Following presidential intervention the plaintiffs were promised alternative land or compensation. By 2004 the Uganda Land Commission advised compensation instead of alternative land. Despite follow-up the defendants failed to compensate the plaintiffs. The plaintiffs filed suit in 2005 seeking damages and restitution.

Issues

  1. Whether the suit is time barred.
  2. Whether the Uganda Land Commission had powers to grant a lease over the suit land.
  3. Whether there are remedies available to the parties.

Orders

  • A declaration that the 1st and 2nd Defendants breached their statutory duties and trust to the Plaintiffs which led to the wrongful eviction of the Plaintiffs from the suit premises by the 3rd Defendant.
  • A declaration that the Plaintiffs are entitled from the Defendants jointly and severally to compensation for the loss of the suit property and the developments thereon.
  • The Plaintiffs are awarded compensatory damages amounting to UGX 15,060,682,770 as assessed by the Chief Government Valuer.
  • The compensation to carry interest at court rate from the date of filing the suit until payment in full.
  • The Plaintiffs as the successful litigants are awarded costs of the suit.

Rules and key headnotes

Limitation — Trespass to Land — Constructive Possession — Capacity to Sue
A registered proprietor of leasehold land who has been evicted from physical possession retains constructive possession by virtue of registration and has capacity to sue in trespass during the subsistence of the lease term, even after parting with physical possession.
Limitation — Estoppel — Representations and Negotiations
A defendant will be estopped from pleading the defence of limitation where during negotiations the defendant represented that the plaintiff should delay proceedings and the plaintiff will not be prejudiced by reliance on that representation. Conduct or representations by a party that make the other party believe proceedings may be delayed can defeat the defence of time bar.
Legitimate Expectation — Doctrine and Application
The doctrine of legitimate expectation protects an individual's confidence in expectations raised by administrative conduct. Where a public body states it will do something and a person reasonably relies on that statement, in the absence of good reasons that person is entitled to enforce the statement through the courts. Legitimate expectation may arise from express promises, conduct, or regular practice.
Statutory Powers — Uganda Land Commission — Forest Reserves
The Uganda Land Commission cannot legally grant leases over land gazetted as a forest reserve. Once it is ascertained that land is gazetted forest land, the Commission has no power to grant a lease because such land is not available for leasing and is protected by statute.
Compensatory Damages — Assessment — Government Valuation Report
Where government officials prepare a valuation report of land and developments at the instance of the Solicitor General for purposes of settlement, and the report is backed by technical reports from relevant departments and is consistent with earlier inspection reports, it constitutes the best available evidence to guide the court in assessing fair compensatory damages.
Compensatory Damages — Distinction from General Damages
Once a party is awarded compensatory damages the party cannot qualify for separate general damages because damages generally are compensatory in nature. Compensatory damages aim to put the injured party in the same position as if the wrong had not occurred.
Aggravated and Exemplary Damages — Requirements for Award
Aggravated and exemplary damages require proof that the defendant's actions were malicious, high-handed, oppressive, arbitrary, or harsh, or that there was a desire to profit. Where the defendant's conduct results from error or mistake rather than oppressive conduct, aggravated and exemplary damages will not be awarded.

Legislation cited (7)

  • Land Reform Decree 1975
  • Public Lands Act 1969 s.48
  • Forest Act Cap 146 s.10(2)
  • Civil Procedure and Limitation (Misc. Provisions) Act Cap 72 s.3
  • Limitation Act s.22
  • Limitation Act s.23G
  • National Forestry Authority Act No.8/2003

Cases cited (24)

  • Mathias Lwanga Kaganda v Uganda Electricity Board (High Court Civil Suit No. 124 of 2003)
  • Sayikwo Murome v Kuko and Another [1985] HCB 68
  • Amin Aroga v Haji Mohammad Yokonani and 4 Others (High Court Civil Appeal No. 09 of 2017)
  • Justine E.M Lutaaya v Sterling Civil Engineering Co. Ltd (Supreme Court Civil Appeal No. 11 of 2002)
  • Charles Lubowa and 4 Others v Makerere University (Supreme Court Civil Appeal No. 17 of 2011)
  • NIC Vs Span International [1997-2002], Uganda Commercial Law (UCL) Reports at page 105
  • FX Miramago v Attorney General [1979] HCB 24
  • Adrabo v Madira (High Court Civil Suit No. 24 of 2013)
  • Adan Abdirahani Hassan & 2 Ors Vs Registrar of titles, Ministry of Lands & 2 Ors [2013] eKLR
  • Funzi Island Development Ltd & 2 Ors Vs County Council of Kwale & 2 Ors [2014] eKLR
  • M/s Bahesco Ltd v National Forestry Authority and Another (High Court Civil Suit No. 161 of 2009)
  • National Forestry Authority v Sam Kiwanuka (Supreme Court Civil Appeal No. 17 of 2010)
  • Atwongyeire Robert v Board of Governors Kyambogo College School (High Court Miscellaneous Cause No. 216 of 2016)
  • Council of Civil Service Unions v Minister for the Civil Service [1984] 3 All ER 935
  • O'Reilly v Mackman [1982] 3 All ER 1124
  • Kafu Sugar Ltd and Another v The Attorney General and 5 Others (Civil Suit No. 55 of 2017)
  • Birdsall v Coolidge 93 US 64 [1876]
  • Esso Standard (U) Ltd v Semu Amanu Opio (Supreme Court Civil Appeal No. 3 of 1993)
  • Livingstone v Rawyards Coal Co [1880] 5 App Cas 25
  • Dharamshi v Karsam [1974] EA 41
  • Kitgum District Local Government and Another v Ayella (High Court Civil Appeal No. 08 of 2015)
  • Nasif Mujib and Another v Attorney General (High Court Civil Suit No. 160 of 2014)
  • Mugambe v Kayita and Another (High Court Civil Suit No. 339 of 2020)
  • Rookes v Bernard [1964] All ER 367

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Acero-Goll_and_Another_v_Uganda_Land_Commission_and_2_Others_(Civil_Suit_135_of_2005)_[2024]_UGHCLD_87_(28_March_2024)
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.