Wakilii

Amirali v Wasswa (Civil Suit No. 003 of 2009)

High Court · [2014] UGHCLD 3 · 2014 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for vacant possession and eviction
Decision
Judgment entered in favour of the plaintiff; defendant ordered to vacate the suit property; defendant's counterclaim dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the defendant was a trespasser with no legally recognisable interest in the suit land. The defendant failed to establish that he was either a lawful occupant under Article 237 of the Constitution and section 29(1) of the Land Act, or a bona fide occupant under section 29(2) of the Land Act. His occupation commenced around 2003-2004, well after the registered proprietors acquired their title. The caveat lodged by the defendant was properly removed and the plaintiff's registration 91 days after notice was valid. The plaintiff was entitled to vacant possession, a permanent injunction, and general damages of UGX 500,000,000 for the inconvenience of removing the defendant's crops.

Outcome

Judgment entered in favour of the plaintiff; defendant ordered to vacate the suit property; defendant's counterclaim dismissed

Facts

The plaintiff purchased Magala Estate from Waljees (U) Ltd in May 2007 and was registered as proprietor in September 2007. The property had been owned by Asians since 1940, appropriated by government in 1972 during the expulsion, and repossessed by the original owners under the Expropriated Properties Act in 1992. The defendant entered the land around 2003-2004, uprooted tea plants, planted sugarcane and eucalyptus, and hired out portions of the land. The defendant claimed ownership by succession from his father Yakobo Lugali, who allegedly died in 1992. The defendant lodged a caveat in January 2003, registered in February 2007 and removed in June 2007. Former estate workers testified that the property belonged to Asians and that the defendant only appeared around 2003-2004. The defendant produced no documentary evidence of his father's or grandfather's occupation or ownership.

Issues

  1. Whether the Defendant is a trespasser on the suit land and what are his interests if any.
  2. Whether the Caveat entered on 21/2/2007 was properly removed by the registered proprietor and whether Plaintiff was properly registered in view of a subsisting Caveat.
  3. Whether Plaintiff has suffered any loss or damage and when did the cause of action start.
  4. What remedies are available to the parties.

Orders

  • An Order for vacant possession of the suit property in favour of the plaintiff or eviction Order.
  • Permanent Injunction restraining the Defendant or his servants/agents from trespassing and or interfering with the Plaintiffs' interest and or developments in the suit property.
  • General damages assessed at Shs.500,000,000/- and interest thereon from the date of Judgment until payment in full.
  • Costs of the suit.
  • Defendant's Counter-claim dismissed.

Rules and key headnotes

Land & Property — Trespass — Definition and elements of trespass to land
Trespass to land occurs when a person makes an unauthorised entry upon land and thereby interferes, or portends to interfere, with another person's lawful possession of that land. A holder of a certificate of title is in legal possession of the suit land.
Land & Property — Lawful and Bona Fide Occupancy — Requirements under Constitution and Land Act
A lawful occupant under Article 237 of the Constitution and section 29(1) of the Land Act is a person who entered the land with the consent of the registered owner, or who had occupied the land as a customary tenant but whose tenancy was not disclosed or compensated for by the registered owner at the time of acquiring title. A bona fide occupant under section 29(2) of the Land Act is a person who before the coming into force of the Constitution had occupied, utilised or developed the land unchallenged by the registered owner or his agent for 12 years or more, or a person who had been settled on the land by government or its agent.
Land & Property — Registration of Titles — Protection of registered proprietor under section 176 RTA
Under section 176 of the Registration of Titles Act, the title of a registered proprietor cannot be impeached when it is the proprietor who has gone to court to enforce his interest. Production of a certificate of title in court is an absolute bar to any action against the person named in the title.
Land & Property — Caveats — Caveatable interest and procedure for removal
Section 139 of the Registration of Titles Act permits the lodging of caveats by persons with an 'interest' in the land. The said interest must be ascertainable. A person claiming to be an occupant but who fails to establish any legally recognisable interest as either a lawful occupant or bona fide occupant has no caveatable interest.
Evidence — Burden of proof — Claims of customary or ancestral ownership
A claim that a party derives title from a father or grandfather who allegedly occupied land must be supported by evidence. Where no documentary evidence of certificates of title is produced and no evidence is adduced that the claimed predecessors were in occupation of the suit land, and where the title has been held by the plaintiff and his predecessors since 1940 without challenge, the claim fails.

Legislation cited (6)

Cases cited (5)

  • EMN Lutaya v Sterling Civil Engineering Co Ltd (Supreme Court Civil Appeal No. 11 of 2002)
  • Horizon Coaches Ltd v Edward Rurangaranga & Another (Civil Appeal No. 14 of 2009)
  • David Sajjaka Nalima v Rehema Musoke (Civil Appeal No. 12 of 1985)
  • Nyangire Karumu v DFCU Leasing Co (Civil Suit No. 106 of 2007)
  • Onegi Obel v Attorney General (High Court Civil Suit No. 66 of 2002)

Full judgment

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

Amirali v Wasswa (Civil Suit No. 003 of 2009) [2014] UGHCLD 3 (14 February 2014)
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.