Wakilii

Asiimwe Godson v National Water and Sewerage Corporation (HCT-05-CIVIL APPEAL NO. 0005 OF 2023)

High Court · [2025] UGHC 1397 · 2025 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First appeal from Chief Magistrate's Court decision dismissing civil suit for trespass
Decision
Appeal dismissed with costs to the respondent

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Holding

The High Court dismissed the appeal, upholding the trial magistrate's finding that the appellant failed to prove ownership or possession of the disputed land on which the respondent constructed a water tank. The court held that the appellant did not discharge the burden of proof under the Evidence Act, and that material contradictions in the appellant's evidence regarding the existence and location of a boundary fence undermined his claim. The respondent's entry was lawful, having been authorized by community leaders, and no trespass occurred.

Outcome

Appeal dismissed with costs to the respondent

Facts

The appellant sued the respondent for trespass, alleging that the respondent unlawfully constructed a water pressure tank on his land at Rwabarera Cell, Kitojo Parish, Bubare Sub County, Kabale District. The appellant claimed ownership of the land and sought a declaration of ownership, general damages, removal of the tank, and costs. The respondent denied trespass and contended it had obtained authorization from community leaders to construct the tank on communal land adjacent to a public access road. The trial court found that the appellant failed to prove ownership or possession of the disputed land and dismissed the suit with costs. The appellant appealed on three grounds: that the trial magistrate erred in holding the land was communal, that the respondent did not trespass, and that the appellant's evidence was full of contradictions.

Issues

  1. Whether the trial magistrate erred in holding that the disputed land was communal land.
  2. Whether the trial magistrate erred in holding that the respondent did not trespass on the appellant's land.
  3. Whether the trial magistrate erred in holding that the appellant's evidence was full of contradictions.

Orders

  • Appeal dismissed.
  • Preliminary objections overruled.
  • Findings and judgment of the trial court upheld.
  • Costs awarded to the respondent in this court and the lower court.

Rules and key headnotes

Evidence — Burden of Proof — Civil Cases — Standard of Proof on Balance of Probabilities
In civil cases, the legal burden of proof rests on the party who must fail if no evidence at all were adduced on either side, and the standard of proof is on a balance of probabilities, meaning the tribunal must be satisfied that the claim is more probable than not.
Tort Law — Trespass to Land — Elements — Unauthorized Entry and Possession
The tort of trespass to land occurs when a person makes an unauthorized entry upon land in the possession of another and thereby interferes, or portends to interfere, with that other's lawful possession; trespass requires proof of unauthorized entry onto land in another's possession.
Land & Property — Ownership — Proof of Ownership — Failure to Establish Prima Facie Case
A plaintiff claiming ownership of land must produce cogent, credible evidence establishing a prima facie case of ownership or possession; failure to discharge this burden is fatal to a claim of trespass based on alleged ownership.
Evidence — Contradictions — Material Contradictions — Effect on Credibility
Material contradictions in a party's evidence that go to the root of ownership and possession and are not satisfactorily explained can undermine the credibility of that party's claim and lead to failure to discharge the burden of proof.
Civil Procedure — Appeals — First Appellate Court — Duty to Re-evaluate Evidence
A first appellate court is mandated to re-evaluate the evidence adduced before the trial court and draw its own conclusions, while bearing in mind that it neither saw nor heard the witnesses testify; the role is not to retry the case but to determine whether the findings of the trial court were justified on the evidence and in accordance with the law.
Civil Procedure — Submissions — Late Filing — Discretion to Accept in the Interest of Justice
Procedural rules are intended to guide the orderly administration of justice but not to defeat it; the court retains inherent discretion under the Civil Procedure Act to make such orders as are necessary for the ends of justice, and late filing of submissions, though irregular, does not of itself render them a nullity where no demonstrable prejudice has been occasioned.

Legislation cited (4)

Cases cited (8)

  • Kifamunte Henry v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • Father Nanensio Begumisa v Eric Tiberaga (SCCA No. 17 of 2002)
  • Sietco v Noble Bulibers (U) Ltd (SCCA No. 0031 of 1995)
  • Nicholas Roussos v Gulam Hussein Habib Virani & Anor [1995] 3 KALR 14
  • Banco Arabe Espanol v Bank of Uganda [1999] 2 EA 22
  • Miller v Minister of Pensions [1947] 2 All ER 372
  • Justine E.M.N. Lutaya v Stirling Civil Engineering Co. Ltd (Civil Appeal No. 11 of 2002)
  • Obbo & Others v Waako & Others (HCCS No. 9 of 2022)

Full judgment

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

Asiimwe Godson v National Water and Sewerage Corporation (HCT-05-CIVIL APPEAL NO. 0005 OF 2023) [2025] UGHC 1397 (13 November 2025)
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.