Wakilii

Ayat & 3 Others v Ojok & 3 Others (Civil Appeal No. 28 of 2018)

High Court · [2020] UGHC 100 · 2020 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Magistrate's Court decision in land dispute
Decision
Appeal dismissed; trial court judgment upheld confirming 1st appellant's ownership of approximately two acres of land in dispute based on observations at locus in quo

Observed later treatment

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Holding

Appeal dismissed. Held: Admissions of fact at scheduling conference are not conclusive and may be displaced by other evidence. Physical observations and measurements at locus in quo prevail over agreed estimates of land size. Where land boundaries are described by visible monuments and by measurements, monuments prevail. Trial court correctly exercised discretion to order each party bear own costs where parties are close family members and legal merits fairly balanced.

Outcome

Appeal dismissed; trial court judgment upheld confirming 1st appellant's ownership of approximately two acres of land in dispute based on observations at locus in quo

Facts

Appellants sued for recovery of approximately ten acres of customary land in Gulu District, claiming the 1st appellant's father Nekolao Ojwe acquired it in 1959 and the family occupied it until displaced by insurgency in 1997. When appellants attempted to return, respondents prevented them, claiming the land originally belonged to their grandfather Orema and was inherited by their father Isaya Ogwang. Respondents contended Nekolao Ojwe came to the land only in 1976 and was given temporary accommodation while nursing his sick wife, died in 1979, and was buried on the land. Both parties claimed ownership through inheritance. At scheduling conference, parties agreed land measured approximately ten acres. Trial court visited locus in quo, estimated land at approximately two acres based on physical observations, and awarded that portion to the 1st appellant with eviction order against 2nd respondent. Trial court ordered each party bear own costs given close family relationship.

Issues

  1. Whether the trial Court erred in finding that the 1st appellant is the lawful owner of only two acres rather than the claimed ten acres of the suit land.
  2. Whether the trial Court properly considered evidence confirmed at the locus in quo.
  3. Whether the trial Court was correct in ordering each party to bear their own costs.

Orders

  • Appeal dismissed.
  • Each party to bear their own costs of the appeal and of the court below.

Rules and key headnotes

Evidence — Admissions — Effect of Admissions at Scheduling Conference — Not Conclusive
Admissions of fact made at a scheduling conference are not conclusive against the party making them but constitute strong evidence that shifts the burden of proving the contrary to the party making the admission, and such admissions may be shown to be erroneous or untrue so long as the opposite party has not acted upon them to their detriment.
Evidence — Land Disputes — Proof of Boundaries — Physical Monuments Prevail Over Admeasurements
Where land is described both by its admeasurements and by known and visible monuments, the visible monuments prevail over bearings, acreage, and distances because monuments are tangible features that persons can see and understand, whereas estimations of acreage may vary among lay persons.
Land Law — Customary Land — Proof of Ownership — Locus in Quo Evidence
In disputes over customary land without formal demarcations, physical inspection at locus in quo and preparation of a sketch map illustrating dimensions and neighbouring properties as observed on the ground provide the most reliable basis for determining the extent of land in dispute.
Civil Procedure — Costs — Discretion to Award Costs — General Principles
The power to award costs under section 27(1) of the Civil Procedure Act is discretionary, with the starting point being that costs should follow the event, but the court may order each party to bear their own costs where the legal merits are fairly evenly balanced or where the adversaries are close family members who will have to live with one another after the litigation.
Civil Procedure — Appeals — Interference with Costs Orders — Principles
An appellate court should only interfere with a trial court's exercise of discretion as to costs if it can be shown that the discretion miscarried at first instance either by reason of some manifest error or by consideration of irrelevant matters, and should not interfere merely because it would have exercised the discretion differently.

Legislation cited (5)

Cases cited (8)

  • Begumisa and 3 Others v Tiberaga (Supreme Court Criminal Appeal No. 17 of 2000)
  • Nankya v Nsibambi [1980] HCB 81
  • Street v Mountford [1985] AC 809
  • Bruton v London and Quadrant Housing Trust [1999] 3 All ER 481
  • Slatterie v Pooley (1840) 151 ER 579
  • Forster v Farquhar (1893) 1 QB 564
  • Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873
  • Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225

Full judgment

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

Ayat & 3 Others v Ojok & 3 Others (Civil Appeal No. 28 of 2018) [2020] UGHC 100 (22 May 2020)
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.