Wakilii

Brian Luswata and Another v Rose Amucha [2026] UGHCLD 258

High Court · 2026 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for a declaration of adverse possession, with a counterclaim for trespass, eviction, rent arrears and general damages.
Decision
Plaintiffs' suit dismissed; counter-claimant granted vacant possession, UGX 50 million general damages, a permanent injunction and costs; the rent arrears claim was rejected.

Observed later treatment

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Holding

The court held that the plaintiffs were not adverse possessors: the 2nd plaintiff entered the suit property with the consent of the defendant's agent, negating the hostility adverse possession requires, and the 1st plaintiff had occupied for only about 10 years, short of the 12-year limitation period under s.5 of the Limitation Act. The defendant, as registered proprietor, had a cause of action in trespass. Her claim for rent arrears of UGX 108,598,455 failed for want of a written tenancy agreement required by s.10(4) of the Contracts Act. The plaintiffs' suit was dismissed with costs; they were ordered to give vacant possession, pay UGX 50 million general damages, and a permanent injunction issued.

Outcome

Plaintiffs' suit dismissed; counter-claimant granted vacant possession, UGX 50 million general damages, a permanent injunction and costs; the rent arrears claim was rejected.

Facts

The defendant, resident in the United Kingdom, purchased the suit property (Block 221 Plot 562, Naalya) from National Housing and Construction Corporation around 2000, with her brother Anam Ambrose acting on her behalf and residing there. The 2nd plaintiff was owed money by Ambrose; by agreement with Ambrose she took over the property in 2006 to rent it out and recover the debt over a period of about 13 months. She claimed to have renovated the house and paid mortgage arrears. In 2011 she handed the property to her son, the 1st plaintiff, who occupied it thereafter. Ambrose later died. The defendant completed transfer of the certificate of title into her name in 2022. From 2018/2019 the defendant sought to recover the property and demanded rent arrears, but the plaintiffs refused to vacate. The plaintiffs sued claiming adverse possession; the defendant counterclaimed for trespass, eviction, rent arrears of UGX 108,598,455 and general damages. On a visit to the locus in quo, the court found the plaintiffs in actual possession and the property renovated.

Issues

  1. Whether the plaintiffs/counter-defendants have a cause of action against the defendant/counter-claimant.
  2. Whether the plaintiffs are in adverse possession of the suit property.
  3. Whether the defendant/counter-claimant has a cause of action against the plaintiffs/counter-defendants.
  4. Whether the plaintiffs/counter-defendants owe the defendant/counter-claimant arrears of rent in the sum of UGX 108,598,455.
  5. What remedies are available to the parties.

Orders

  • The plaintiffs' suit against the defendant is dismissed with costs to the defendant.
  • The counter-defendants/plaintiffs shall hand over vacant possession of the suit land comprised in Block 221 Plot 562 House No. 4H Bibo Palm Road, Naalya to the counter-claimant/defendant.
  • The counter-defendants/plaintiffs shall jointly pay UGX 50 million to the counter-claimant/defendant as general damages.
  • A permanent injunction is issued restraining the counter-defendants/plaintiffs, their agents, servants or employees from dealing with the suit property or interfering with the same.
  • The counter-defendants shall jointly pay costs of the counterclaim to the counter-claimant.

Rules and key headnotes

Land & Property — Adverse Possession — Requirement of Entry Without the Owner's Consent
A person who enters and occupies land with the consent or permission of the owner or the owner's agent cannot claim title by adverse possession, since such possession is not hostile to the true owner's rights.
Land & Property — Adverse Possession — Statutory Limitation Period
To establish title by adverse possession the occupier must have been in possession hostile to the registered proprietor for longer than the 12-year limitation period for recovery of land under section 5 of the Limitation Act.
Tort Law — Trespass to Land — Continued Occupation After Withdrawal of Consent
An occupier who entered land with the owner's consent but refuses to leave upon request, and a person who entered without permission, both commit trespass to land against a proprietor in constructive possession.
Contract Law — Tenancy Agreements — Requirement of Writing
A claim for rent arrears cannot succeed without proof of a written tenancy agreement, section 10(4) of the Contracts Act requiring contracts beyond 25 currency points to be in writing.
Damages & Quantum — General Damages — Compensatory Principle
The essence of general damages is compensatory; they are neither meant to punish the defendant nor to confer a windfall on the claimant, but to repair the actual loss caused.
Civil Procedure — Cause of Action — Essential Elements
A cause of action requires the plaintiff to show that they enjoyed a right, that the right was violated by the defendant, and that the plaintiff consequently suffered damage, as determined from the plaint and its annextures.

Legislation cited (3)

Cases cited (7)

  • Auto Garage v Motokov (No. 3) [1971] EA 514
  • Kebirungi v. Road Trainers Ltd & 2 Ors; 2008 HCB 72
  • Abudala Sebi Kala v Misia Mahmidi (Civil Appeal No. 30 of 2014)
  • JA Pye (Oxford) Ltd v Graham [2002] 3 All ER 865
  • Onega Obel v Attorney General (Civil Suit No. 006 of 2002)
  • Kaggwa v Kolin Insaat Turizm (Civil Suit No. 318 of 2012)
  • Nasif Mujib v Attorney General (Civil Suit No. 160 of 2014)

Full judgment

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

Brian Luswata and Another v Rose Amucha [2026] UGHCLD 258 (21 July 2026)
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.