Wakilii

Angopa and 2 Others v Amina Hersi Moghe (Civil Suit No. 31 of 2018)

High Court · [2021] UGHCCD 168 · 2021 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of ownership, trespass, and injunction
Decision
Judgment entered for the plaintiffs with declarations of ownership, permanent injunction issued, and damages awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the plaintiffs, as administrators of the late Angopa Nimrod's estate, are the lawful owners of the suit land. The defendant's claim of ownership based on an unexecuted power of attorney and unproven financial transfers failed. The court found the defendant's entry onto the land and destruction of crops constituted trespass. A permanent injunction was granted restraining the defendant from interfering with the land, and general damages of UGX 30,000,000 were awarded.

Outcome

Judgment entered for the plaintiffs with declarations of ownership, permanent injunction issued, and damages awarded

Facts

The late Angopa Nimrod purchased approximately six acres of land in Tororo District between June and October 2010 from various sellers. After his death in December 2012, his widow and children (the plaintiffs) were appointed administrators of his estate. The land had been left under the care of Akai Laldlaw Baker's family, who handed it over to the plaintiffs' family on 18 February 2017. The plaintiffs paid UGX 13,000,000 for the caretaking services. On 13 July 2018, the defendant, accompanied by approximately 100 armed individuals, forcefully entered the land, destroyed crops, and began constructing a perimeter fence. The defendant claimed she owned the land, asserting that the deceased had purchased it on her behalf using her funds pursuant to a power of attorney executed in 2009. The plaintiffs reported the trespass to police and local authorities.

Issues

  1. Who owns the suit land?
  2. Whether the defendant is a trespasser?
  3. What remedies are available to the parties?

Orders

  • Declaration that the suit land forms part of the Estate of the late Angopa Nimrod.
  • Declaration that the defendant is a trespasser on the plaintiffs' suit land.
  • A permanent injunction restraining the defendant, her agents and workmen from interfering with the suit land.
  • General damages of UGX 30,000,000 (Thirty Million Shillings Only) with interest at court rate from judgment date till full payment.
  • Costs to the plaintiffs.

Rules and key headnotes

Evidence — Burden of Proof — Ownership — Possession as Prima Facie Evidence
Where a person is shown to be in possession of property, the burden of proving that they are not the owner rests on the person who affirms they are not the owner.
Land & Property — Powers of Attorney — Execution Requirements — Registration of Titles Act s.148
A power of attorney is not duly executed unless it bears the signatures of both the donor and the donees in Latin characters together with their names. A power of attorney lacking the endorsement of the purported donees is a unilateral document with no evidential value.
Tort Law — Trespass to Land — Definition and Elements
Trespass to land occurs when a person makes an unauthorised entry upon land and thereby interferes, or purports to interfere, with another person's lawful possession of the land.
Tort Law — Trespass to Land — Actionability — Damages Assessment
Trespass to land as a tort is actionable per se without the need to prove damages. In assessing quantum of damages, the court takes into account all relevant circumstances including the value of the subject matter and the inconveniences suffered by the aggrieved party.
Civil Procedure — Hearing in Absence of Defendant — Order 17 Rule 4 CPR
Where a defendant and their counsel fail to appear for a scheduled hearing despite being duly served with hearing notices and no reason is advanced for their absence, the court may proceed to hear and determine the suit in their absence under Order 17 rule 4 of the Civil Procedure Rules.

Legislation cited (7)

Cases cited (5)

  • Non Performing Asset Recovery Trust v S.R Nkalubo & Sons Ltd (Civil Appeal No. 34 of 2005)
  • Justine Lutaaya v Stirling Civil Engineering Co (Civil Appeal No. 11 of 2002)
  • Charles Acire v Myaana Engola (High Court Civil Suit No. 143 of 1993)
  • Volo Michael v Drate F. Kenyi (High Court Civil Appeal No. 18 of 2017)
  • Robert Cuossens v Attorney General (Supreme Court Civil Appeal No. 8 of 1999)

Full judgment

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

Angopa and 2 Others v Amina Hersi Moghe (Civil Suit No. 31 of 2018) [2021] UGHCCD 168 (18 February 2021)
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.