Wakilii

Anne Mubanda Mulyanti v The Official Receiver Liquidator Uganda Consolidated Properties Ltd and Another (Civil Suit No. 317 of 2013)

High Court · [2023] UGHCLD 513 · 2023 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of trespass, mesne profits, and damages following expiry of lease agreement
Decision
Judgment entered for the Plaintiff against the 2nd Defendant with declarations, mesne profits, general damages, interest, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a lessee who remains in possession after expiry of a lease becomes a trespasser. Where a liquidator purported to sell property before obtaining a lease, and the subsequent lease expired without renewal, the 2nd Defendant who claimed to have purchased from the liquidator acquired no valid interest. The plaintiff was entitled to mesne profits for the period of wrongful occupation and general damages for trespass.

Outcome

Judgment entered for the Plaintiff against the 2nd Defendant with declarations, mesne profits, general damages, interest, and costs

Facts

The Plaintiff entered into a lease agreement with Uganda Consolidated Properties Ltd (in Liquidation) on 10 June 2002 for land comprised in LRV 3032 Folio 23, following a consent judgment in Civil Suit No. 43 of 1998 declaring her the lawful owner. The lease was to run for 49 years from 1 January 1964. The 2nd Defendant claimed to have purchased the property from the 1st Defendant (the liquidator) on 26 February 2001, before the lease was executed. The lease expired on 1 January 2013. The Plaintiff demanded vacant possession but the 2nd Defendant refused to vacate, claiming the lease had been assigned to him. The 2nd Defendant remained in occupation until March 2020 without paying rent. The 1st Defendant entered into a consent judgment with the Plaintiff during the pendency of the suit, admitting it had no interest in the property.

Issues

  1. Whether the 2nd Defendant is a trespasser on the suit property.
  2. What remedies are available to the parties?

Orders

  • A declaration is granted that the 2nd Defendant was a trespasser on the suit land from January 2013 to March 2020.
  • The Plaintiff is awarded UGX 300,000,000 as mesne profits with interest of 25% from the date of filing till payment in full.
  • The Plaintiff is awarded UGX 50,000,000 as general damages with interest of 6% from the date of judgment.
  • Costs of the suit are awarded to the Plaintiff.

Rules and key headnotes

Leases — Expiry of Lease — Automatic Reversion to Lessor
Once a lease for a definite term expires, the lessee or tenant ceases to have any legal right on the property and is merely a trespasser. The possession automatically reverts back to the lessor.
Leases — Assignment — Requirement of Lessor's Consent
Where a lease agreement expressly provides that the lessee shall not assign, underlet, sell or part with possession without the written consent of the lessor, any purported transfer without such consent is null and void.
Sale of Land — Nemo Dat Quod Non Habet
A person cannot sell what does not belong to him or her. Where a liquidator purported to sell property before obtaining any legal or equitable interest in it, the purported purchaser acquired no valid interest in the land.
Trespass to Land — Elements of Proof
To prove trespass to land, the plaintiff must establish that the disputed land belonged to him, that the defendant entered upon that land, and that the entry was unlawful in that it was made without permission or that the defendant had no claim or interest in the land.
Mesne Profits — Assessment
Where the rent represents the fair value of the premises, mesne profits are assessed at the amount of rent, but if the real value is higher than the rent, then the mesne profits must be assessed at the higher value.

Legislation cited (1)

Cases cited (7)

  • Justine E.M.N. Lutaya v Stirling Civil Engineering Co. Ltd (Supreme Court Criminal Appeal No. 11 of 2002)
  • Sheik H Mohamed Lubowa v Kitaka Enterprises (Civil Appeal No. 4 of 1987)
  • Daphine Negesa Musoke v Samu Investments Ltd (Court of Appeal Civil Appeal No. 85 of 2003)
  • Dr. Adeodanta Kekitiinwa & 3 Others v Edward Mando Wakida (Court of Appeal Civil Appeal No. 03 of 1997)
  • Annet Zimbiha v Attorney General (High Court Civil Suit No. 109 of 2011)
  • Clifton Securities Ltd v Huntley & Others [1948] 2 All ER 283
  • Kibimba Rice Ltd v Umar Salim (Supreme Court Civil Appeal No. 17 of 1992)

Full judgment

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

Anne_Mubanda_Mulyanti_v_The_Official_Receiver_Liquidator_Uganda_Consolidated_Properties_Ltd_and_Another_(Civil_Suit_No._317_of_2013)_[2023]_UGHCLD_513_(16_January_2023)
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.