Wakilii

Bemba and Another v Victoria Tea Estates (Civil Appeal 821 of 1991)

High Court · [1996] UGHCLD 4 · 1996 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for permanent injunction, eviction order, and damages for trespass
Decision
Permanent injunction and eviction order granted in favour of the plaintiffs; defendant found to be trespassing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that although the leased property had been expropriated, the lessor's right of re-entry remained intact and was properly exercised for non-payment of ground rent. The Minister's certificate of repossession issued to the defendant after re-entry did not confer title because the lease had already been determined. The defendant's occupation constituted trespass. Permanent injunction, eviction order, and damages of UGX 5,000,000 were awarded to the plaintiffs.

Outcome

Permanent injunction and eviction order granted in favour of the plaintiffs; defendant found to be trespassing

Facts

The plaintiffs were registered proprietors of land leased to George Clawson Shamael in 1943 for 49 years. The lessee ceased paying ground rent from 1970. The plaintiffs exercised their right of re-entry in March 1991, which was noted on the register. In November 1991, the Minister of Finance issued a certificate of repossession to the defendant under the Expropriated Properties Act. The defendant, through its agent Patel, occupied the land and grew tea. The plaintiffs instituted proceedings for permanent injunction, eviction, and damages for trespass. The defendant argued its occupation was lawful under the certificate of repossession and that the property had been expropriated.

Issues

  1. Whether the property was affected by the Expropriated Properties Act
  2. What is the effect of the certificate of repossession issued to the defendant
  3. Whether the current occupation of the suit property by the defendant amounts to trespass
  4. What damages, if any, are payable

Orders

  • Judgment entered for the plaintiffs against the defendant.
  • Permanent injunction restraining the defendant, its agents, servants, and anyone claiming to derive title from them from interfering with the plaintiffs' rights, use, and occupation.
  • Eviction order granted.
  • General damages of UGX 5,000,000 awarded.
  • Interest at court rate awarded until payment in full.
  • Costs of the suit awarded to the plaintiffs.

Rules and key headnotes

Leasehold — Right of Re-entry for Non-payment of Ground Rent — Expropriated Properties
A lessor's right of re-entry for non-payment of ground rent is not extinguished by expropriation of the leasehold interest by the Government. Where ground rent remains unpaid, the lessor may properly exercise the contractual right of re-entry and avoid the lease, notwithstanding that the property was expropriated under the Departed Asians Decree and the Expropriated Properties Act.
Expropriated Properties Act — Certificate of Repossession — Effect Where Lease Already Determined
A certificate of repossession issued by the Minister of Finance under the Expropriated Properties Act does not confer title where the leasehold interest in question had already been determined by the lessor's exercise of the right of re-entry prior to the issuance of the certificate. The Minister must satisfy himself that the leasehold interest is still in existence before issuing a certificate of repossession.
Expropriated Properties Act s.1(2) — Retrospective or Prospective Application
The provisions of section 1(2) of the Expropriated Properties Act, which nullify dealings in expropriated property and deem expired leases to continue, are intended to operate retrospectively to preserve the status quo at the time of expropriation. They are not intended to apply prospectively to nullify future lawful acts by lessors, such as the exercise of a contractual right of re-entry for breach of lease covenants.
Expropriation — Liabilities of Government — Payment of Ground Rent
Where leasehold property is expropriated by the Government, section 4(3) of the Departed Asians Decree provides that liabilities attaching to the property also vest in the Government. This includes the obligation to pay ground rent to the lessor. Failure by the Government to pay ground rent leaves the lessor with the option to exercise the right of re-entry and avoid the lease.
Trespass to Land — Possession and Title
To succeed in an action for trespass to land, the plaintiff must be in actual possession or entitled to possession at the time of filing the action. Where a lessor has exercised a right of re-entry and the re-entry has been noted on the register, the lessor is presumed to be absolute owner and is protected by law in possession against all who cannot show a better title.
Trespass to Land — Assessment of General Damages
General damages for trespass to land are at large and compensatory in nature, within the discretion of the court. The plaintiff must be put in as good a position, in terms of money, as if the wrong had not been committed. Relevant factors include the size of the land, the period of trespass, and the use to which the trespasser put the land.

Legislation cited (7)

Cases cited (3)

  • Jasper Bamuta and Others v Victoria Tea Estate and Others (Civil Suit No. 390 of 1992)
  • Bidandi Ssali v Attorney General (Civil Suit No. 834 of 1989)
  • Philips v Ward [1956] 1 All ER 874

Full judgment

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

Bemba and Another v Victoria Tea Estates (Civil Appeal 821 of 1991) [1996] UGHCLD 4 (1 April 1996)
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.