Wakilii

Asaba v Akileo (Civil Appeal No. 15 of 2020)

High Court · [2022] UGHCLD 65 · 2022 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from decision of Magistrate Grade 1 Kagadi court in a land trespass suit
Decision
Appeal dismissed; trial court's finding of trespass upheld; appellant to vacate the trespassed portion

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Holding

The High Court dismissed the appeal and upheld the trial magistrate's finding of trespass. The court held that the trial magistrate properly exercised his discretion under O.15 r.5 CPR to reframe issues where the evidence established that both parties owned their respective plots and the only live issue was whether the appellant trespassed on the respondent's land. The court further held that a defendant who files a general denial without traversing each specific allegation violates O.6 r.8 CPR, and that the defence witnesses' evidence was properly discredited as unreliable and compromised.

Outcome

Appeal dismissed; trial court's finding of trespass upheld; appellant to vacate the trespassed portion

Facts

In 1993 and 1996, the respondent purchased two adjacent unregistered and unmeasured plots at Kyenzige Trading Centre forming the suit property. In 2017, he found the appellant measuring, building a foundation, and constructing lock-ups and boys' quarters on the rear portion of his plot. The appellant claimed she lawfully purchased her plot measuring 150ft x 50ft from one Kisembo in November 2008. The trial magistrate conducted a locus in quo visit and found clear signs of recently demolished latrines directly in front of the contested boys' quarters. The trial magistrate found that the appellant had trespassed on the respondent's land and ordered her to vacate. The appellant appealed to the High Court on three grounds relating to issue framing, evaluation of evidence, and consideration of submissions.

Issues

  1. Whether the learned trial magistrate erred in law when he omitted and or refused to respond to the 1st issue agreed at scheduling as to ownership thus leading to a miscarriage of justice.
  2. Whether the learned trial magistrate erred in law and fact when he failed to evaluate the evidence on record, disregarded and or overlooked the entire defence evidence on ownership thereby reaching an unjust decision.
  3. Whether the learned trial magistrate erred in law when he ignored the entire final submission by the defendant thereby reaching an unjust decision.

Orders

  • Appeal dismissed.
  • Judgment and orders of the lower court upheld.
  • Costs awarded to the respondent here and below.

Rules and key headnotes

Civil Procedure — Issue Framing — Amendment of Issues — Court's Discretion under O.15 r.5 CPR
Under O.15 r.5 CPR, a trial court has discretion at any time before passing decree to amend issues or strike out issues that appear wrongly framed, and where the evidence establishes that ownership is not in dispute and the only live controversy is trespass, the court is entitled to strike out the issue of ownership as redundant and reframe the issues accordingly without affording parties an opportunity to adduce further evidence where the rephrased issues have been amply canvassed in the parties' testimonies.
Civil Procedure — Pleadings — General Denial — Requirements of O.6 r.8 CPR
A defendant who merely denies generally the allegations in the plaint without traversing specifically each allegation of fact violates O.6 r.8 CPR, which bars evasive denials and requires each party to make clear how much of the opponent's case is disputed. A defence consisting only of general denials without specific responses ought to be struck out for failing to raise a reasonable answer to the plaintiff's claim.
Civil Procedure — Duty of First Appellate Court — Standard of Review
The duty of a first appellate court is to rehear the case by subjecting the evidence to fresh and exhaustive scrutiny and reappraisal, reconsidering all materials presented in the lower court, and the first appellate court should not interfere with the trial court's decision unless satisfied that the trial court misdirected itself and arrived at a wrong decision.
Land & Property — Trespass — Credibility of Witnesses — Compromised Testimony
Where defence witnesses give testimony inconsistent with their prior statements to police and where a witness who sold land to the plaintiff denies a duly executed agreement of sale in favour of a crossed agreement without justification, a court is entitled to find such witnesses dishonest, compromised, and unreliable, and to disregard their evidence without causing a miscarriage of justice.
Land & Property — Trespass — Proof — Locus in Quo Evidence
Clear physical evidence at locus in quo of recently demolished structures such as latrines, combined with credible testimony regarding the location and ownership of those structures, is sufficient to establish trespass even where the plots are unmeasured and unregistered.

Legislation cited (3)

  • Civil Procedure Rules O.15 r.5
  • Civil Procedure Rules O.6 r.8
  • Civil Procedure Rules O.6 r.10

Cases cited (6)

  • FR.N. Begumisa & 3 Others v Eric Tibebaga (SCCA No. 17 of 2000)
  • Stewards of NIC v Mugenyi [1987] HCB 28
  • Belax Tours and Travel Ltd v Crane Bank Ltd & Another (Civil Appeal No. 71 of 2009)
  • Orient Insurance Brokers v Transocean Ltd (Civil Appeal No. 55 of 1995)
  • Eco Bank (U) Ltd v Kalsons Agrovet Concern Ltd & Another (HCCS No. 573 of 2016)
  • Ben Byabashaija & Another v Attorney General (1992) 1 KALR 161

Full judgment

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

Asaba_v_Akileo_(Civil_Appeal_No._15_of_2020)_[2022]_UGHCLD_65_(1_March_2022)
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.