Wakilii

Bakite v Kizito Mubiru (Civil Appeal No. 47 of 2018)

High Court · [2021] UGHC 39 · 2021 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court judgment dismissing plaintiff's claim for declaration of ownership and permanent injunction
Decision
Appellant declared the owner of the suit property; respondent may recover money from the husband through lawful means

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the appellant proved ownership of the disputed land on the balance of probabilities. The land was acquired by the appellant as a gift from her husband in 2009 and she had been in possession. The husband's subsequent purported transfer of the same land to the respondent in 2014 was invalid as he could not transfer what he no longer owned. The trial Magistrate misdirected herself in rejecting the appellant's evidence and finding for the respondent. Appeal allowed.

Outcome

Appellant declared the owner of the suit property; respondent may recover money from the husband through lawful means

Facts

The appellant sued the respondent in the Chief Magistrate's Court claiming ownership of land at Kabojja, permanent injunction, and damages. The appellant testified that she acquired the suit property as a gift intervivos from her husband Sserwadda Charles in October 2009 and enjoyed quiet possession until 2014 when the respondent laid claim to it. The respondent contended that he acquired the property from the same Sserwadda Charles in 2014 through an agreement executed after Sserwadda failed to buy him a truck in exchange for a motor vehicle valued at UGX 15,000,000. The respondent produced agreements dated 2013 and 2014 showing the transaction with Sserwadda. The trial Magistrate found for the respondent, holding that he was the rightful owner. The appellant appealed on grounds that the trial Magistrate failed to properly evaluate the evidence.

Issues

  1. Whether the learned trial Magistrate erred in failing to properly evaluate the evidence adduced by the appellant in determining ownership of the suit property.
  2. Whether the learned trial Magistrate erred in finding that the respondent was the rightful owner of the suit kibanja.

Orders

  • Appeal allowed with costs.
  • Orders of the trial Magistrate set aside.
  • Appellant declared the owner of the suit property.
  • Costs awarded to the appellant both in the lower court and in the High Court.

Rules and key headnotes

Land & Property — Transfer of Title — Nemo Dat Quod Non Habet — Subsequent Transfer by Donor
A person who has gifted land to another cannot subsequently transfer valid title to that land to a third party. The principle nemo dat quod non habet applies: one cannot give what one does not have.
Evidence — Burden of Proof — Civil Cases — Balance of Probabilities
In civil cases concerning land ownership, the plaintiff must prove their case on the balance of probabilities. Where the plaintiff's evidence is consistent and unshaken in cross-examination, and demonstrates prior acquisition and possession, the burden is discharged.
Civil Procedure — Appeals — First Appellate Court — Duty to Re-evaluate Evidence
The duty of a first appellate court is to reconsider all material evidence that was before the trial court and reach its own conclusions, bearing in mind that it did not have the opportunity to see and hear the witnesses testify.

Cases cited (2)

  • Kifamunte Henry v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • URA v Stephen Mabosi (Supreme Court Civil Appeal No. 26 of 1995)

Full judgment

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

Bakite v Kizito Mubiru (Civil Appeal No. 47 of 2018) [2021] UGHC 39 (30 March 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.