Wakilii

Akberali v Ebenezer Stationers Ltd & 3 Ors (MISC. APPLICATION No. 15 OF 2016)

High Court · [2018] UGHCCD 114 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for eviction and recovery of rent arrears
Decision
Application dismissed with costs to the respondents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for eviction and recovery of rent arrears where the respondents contested the applicant's ownership, alleging the property remained under the management of the Departed Asian Custodian Board and that the repossession certificate was fraudulent. The court held that where property rights are unresolved and allegations of fraud remain unrebutted, the applicant cannot obtain orders for eviction or rent recovery. The applicant failed to contest the respondents' sworn allegations challenging his ownership and right to the property.

Outcome

Application dismissed with costs to the respondents

Facts

The applicant, suing through his attorney, sought to evict the respondents from Plot 29, Main Street, Jinja, and recover rent arrears of UGX 102,321,000, claiming to be the registered proprietor under a leasehold title and holder of a repossession certificate. The respondents contested the application, swearing they were tenants of the Departed Asian Custodian Board (DAPCB), not the applicant. They alleged the powers of attorney relied upon were fraudulent, that the repossession certificate was a forgery issued outside the proper serial number sequence, and that DAPCB continued to manage the property and collect rent. The respondents stated that police had investigated and found the repossession process fraudulent, and that DAPCB had instructed them to continue paying rent to government. The applicant did not file a rejoinder to contest these allegations.

Issues

  1. Whether the applicant had locus standi to bring the application in light of disputed ownership and contested powers of attorney.
  2. Whether the respondents owed rent arrears to the applicant.
  3. Whether the applicant was entitled to eviction and vacant possession where ownership of the property remained under dispute.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Affidavit Evidence — Burden of Rebuttal
Where facts are sworn to in an affidavit and the opposing party disputes them by raising new allegations, the burden shifts to the original deponent to defend those facts; failure to rebut the opposing party's allegations means the disputed facts cannot be presumed to be accepted.
Land & Property — Eviction Applications — Disputed Ownership — Effect on Relief
A court cannot grant orders for eviction or recovery of rent where the applicant's right of ownership over the property remains under dispute and unresolved, particularly where allegations of fraud in the repossession process have been raised and not rebutted.
Administrative Law — Repossessed Property — Departed Asian Custodian Board — Disputed Management
Where respondents allege that property remains under the management of the Departed Asian Custodian Board and that a repossession certificate is fraudulent, and the applicant fails to contest these allegations, the applicant's mandate to demand vacant possession or rent is challenged and relief cannot be granted.

Legislation cited (3)

Cases cited (1)

  • Massa Samwiri v Rose Achen (1978) HCB 297

Full judgment

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

Akberali v Ebenezer Stationers Ltd & 3 Ors (MISC. APPLICATION No. 15 OF 2016) [2018] UGHCCD 114 (14 August 2018)
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.