Wakilii

Buwembo v Byamukama (Civil Suit 899 of 2023)

High Court · [2024] UGHCLD 218 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for trespass heard exparte after substituted service
Decision
Judgment entered for plaintiff; defendant ordered to remove containers and permanently restrained from further trespass

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the defendant was a trespasser on the plaintiff's registered land. The plaintiff proved ownership through a certificate of title under Registration of Titles Act s.59, the defendant's unauthorised entry by placing containers on the land without permission, and the absence of any lawful claim or right. The court granted a declaration of trespass, an order for removal of containers, permanent injunction, general damages of UGX 8,000,000, and special damages of UGX 10,663,000. The claim for mesne profits was dismissed for lack of evidence that the defendant derived any profits from the land.

Outcome

Judgment entered for plaintiff; defendant ordered to remove containers and permanently restrained from further trespass

Facts

The plaintiff purchased land comprised in Kyadondo Block 167 Plot 1844 in 2008 and took possession, using it for agriculture. On 24 September 2022, the defendant entered part of the land measuring 50ft by 50ft without permission and placed containers thereon. The defendant had been defrauded by an impersonator who purported to sell the land to him. The defendant lodged a caveat on 12 September 2022 which the Registrar of Titles subsequently removed after finding the defendant's certificate of title to be forged. The defendant also opened malicious criminal cases against the plaintiff's family members, who were arrested and later released when the case was closed for lack of evidence. Despite acknowledging before the Registrar that he had been conned and undertaking to remove the containers, the defendant failed to do so. The matter proceeded exparte after substituted service when the defendant failed to file a defence.

Issues

  1. Whether the defendant is a trespasser on the suit land.
  2. What remedies are available to the parties.

Orders

  • A declaration that the defendant is a trespasser on land comprised in Kyadondo Block 167 Plot 1844 land at Mengo-Kiwale Wakiso District measuring 0.832 hectares.
  • An order for the removal of the defendant's containers from the suit land.
  • A permanent injunction restraining the defendant and his agents from doing any further acts of trespass.
  • General damages of UGX 8,000,000 at an interest rate of 10% per annum from the date of this judgement until payment in full.
  • Special damages of UGX 10,663,000.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Trespass to Land — Elements of Proof
To succeed in an action for trespass to land, a plaintiff must prove that the disputed land belongs to the plaintiff, that the defendant entered upon it, and that the entry was unlawful in that it was made without permission or the defendant had no claim, right or interest in the disputed land.
Certificate of Title as Evidence of Ownership
Under Registration of Titles Act s.59, a certificate of title is conclusive evidence of ownership and suffices to prove that disputed land belongs to the registered proprietor in an action for trespass.
Mesne Profits — Requirement of Evidence of Actual or Potential Profits
Mesne profits are those profits which the person in wrongful possession actually received or might with ordinary diligence have received from the property. Where a defendant merely dumped containers on land and did not derive any profits therefrom, a claim for mesne profits will fail for lack of evidence.
Special Damages — Requirement of Specific Pleading and Strict Proof
Special damages must be specifically pleaded and strictly proved. The court will only grant special damages to the extent supported by documentary evidence such as receipts or invoices.
General Damages — Trespass Frustrating Use and Enjoyment of Land
General damages are compensatory and intended to restore the aggrieved person to the position they would have been in had the wrong not occurred. A registered proprietor frustrated in the development and quiet enjoyment of land by a trespasser's unauthorised placement of structures is entitled to an award of general damages for the inconvenience and disturbance caused.
Exparte Proceedings — Substituted Service and Non-Appearance
Where a defendant cannot be served personally, the court may order substituted service by publication in newspapers. If the defendant fails to file a defence after substituted service, the matter may proceed exparte under Order 9 rule 20 of the Civil Procedure Rules.

Legislation cited (3)

Cases cited (4)

  • Justine E.M.N Lutaaya v Sterling Civil Engineering Co (Supreme Court Civil Appeal No. 11 of 2002)
  • Sheik Muhammad Lubowa v Kitara Enterprises Ltd (Court of Appeal No. 4 of 1987)
  • W.M. Kyambadde v Mpigi District Administrator (1984) HCB
  • Hadley v Baxendale (1854) 9 Exch 341

Full judgment

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

Buwembo_v_Byamukama_(Civil_Suit_899_of_2023)_[2024]_UGHCLD_218_(9_September_2024)
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.