Wakilii

Byarufa v Attorney and Another (Civil Suit No. 20 of 2010)

High Court · [2022] UGHCCD 206 · 2022 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of compensation for land compulsorily acquired during Government Ranch Restructuring exercise
Decision
Judgment entered for the plaintiff on admission for compensation, general damages, aggravated damages, costs and interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiff's ranch was compulsorily acquired by Government during the Ranch Restructuring exercise without prior compensation, in violation of Article 26 of the Constitution. The defendants' admission in official correspondence that the plaintiff was owed compensation entitled the plaintiff to judgment on admission. The surrender deed relied upon by the defendants was found to be suspect and not executed by the plaintiff. The suit was not time barred as time runs from when Government fails to compensate after valuation, not from cancellation of title. Judgment entered for the plaintiff for UGX 6,883,905,750 as compensation, plus general and aggravated damages.

Outcome

Judgment entered for the plaintiff on admission for compensation, general damages, aggravated damages, costs and interest

Facts

The plaintiff was the registered proprietor of Ranch No. 36 Bunyoro Ranching Scheme measuring 1564.5 hectares (six square miles) allocated by Government in the 1960s-1970s. During the 1980s turmoil, ranchers deserted and squatters invaded the ranches. To resolve conflicts, Government instituted a commission of inquiry which recommended restructuring ranches by subdividing them into portions for ranchers and squatters. In the 1990s restructuring exercise, the plaintiff's ranch was subdivided into Ranch 36A (259 hectares) for the plaintiff and Ranch 36B (1305.5 hectares) for squatters. While the plaintiff was in jail, district land officials led by the District Land Officer came to her ranch, instructed her manager to surrender the land title, and informed him that Government would compensate the plaintiff. The plaintiff denied signing any surrender deed. A handwriting expert examined the surrender deed and found it was not executed by the plaintiff. Government valued the plaintiff's lost land at UGX 6,883,905,750 in 2017 but never paid compensation.

Issues

  1. Whether the Plaintiff has a cause of action against the defendants.
  2. Whether the plaint discloses a cause of action.
  3. Whether the suit is time barred under section 187 of the Registration of Titles Act.
  4. What remedies are available to the parties.

Orders

  • Judgment entered for the Plaintiff against the Defendants jointly and severally.
  • Defendants to compensate the Plaintiff for the loss of her land in the sum of UGX 6,883,905,750.
  • Special damages for destruction of fence, dip tank and valley dam not granted for lack of proof.
  • General damages awarded in the sum of UGX 400,000,000.
  • Aggravated damages awarded in the sum of UGX 80,000,000.
  • Costs awarded to the Plaintiff.
  • Interest at a rate of 15% per annum on the compensation amount, general damages, aggravated damages and costs from the date of delivery of judgment until payment in full.

Rules and key headnotes

Compulsory Acquisition of Land — Constitutional Requirements — Prior Compensation
Under Article 26(2) of the Constitution, no person shall be compulsorily deprived of property except where the taking is necessary for public interest and the law makes provision for prompt payment of fair and adequate compensation prior to the taking of possession.
Compulsory Acquisition — Ranch Restructuring — Government Liability
Where Government compulsorily acquires land through a ranch restructuring exercise for the purpose of resettling landless people or squatters, such acquisition is lawful as a matter of public interest, but Government remains liable to pay prompt and adequate compensation to the affected rancher before taking possession.
Vicarious Liability — Government Officials — Ranch Restructuring
Where district land officials act in implementing a Government ranch restructuring exercise, they act as agents of the Uganda Land Commission and Government, and Government is liable for their conduct and actions in that capacity.
Limitation — Compulsory Acquisition — When Time Begins to Run
In a claim for compensation arising from Government's compulsory acquisition of land through a ranch restructuring exercise, time under section 187 of the Registration of Titles Act does not begin to run from cancellation of the certificate of title, but from when Government fails or refuses to compensate the plaintiff after the property has been duly assessed and valued.
Judgment on Admission — Government Acknowledgment of Liability
Where Government officials in official correspondence admit that a plaintiff's land was compulsorily acquired, provide a valuation report stating the compensation amount owed, and verify and adopt that valuation, such admission is unequivocal and entitles the plaintiff to judgment on admission under Order 13 rule 6 of the Civil Procedure Rules.
General Damages — Compulsory Acquisition Without Compensation — Assessment Factors
In assessing general damages for unlawful compulsory acquisition of land without prior compensation, the court considers the value of the land, the period of deprivation, the economic and financial loss suffered, the loss of business income, and the fact that the acquisition violated constitutional requirements, and may award punitive and exemplary damages where Government's conduct was wanton and in utter disregard of the law.
Aggravated Damages — Forgery by Government Officials
Aggravated damages may be awarded where Government officials forge a surrender deed purporting to show that a plaintiff voluntarily surrendered land, thereby breaching the trust entrusted in them by law.

Legislation cited (11)

Cases cited (42)

  • Nsubuga v Kavuma [1978] HCB 307
  • Auto Garage v Motokov (No 3) (1971) EA 514
  • Attorney General v Oluoch (1972) EA 392
  • Sullivan v Mohammed Osman [1959] EA 239
  • Cottar v Attorney General for Kenya 193 A.C at page 18
  • URA v Uganda Consolidated Properties Ltd (Court of Appeal Civil Appeal No. 31 of 2000)
  • Edward Byaruhanga Katumba v Kiwalabye Musoke (Court of Appeal Civil Appeal No. 2 of 1993)
  • Madhivani Group v Simbwa (Supreme Court Civil Appeal No. 615 of 2012)
  • Dr. Acaitum Omanikor Isiagi v Techwaa Children & Family Project & 2 others (High Court Civil Suit No. 12 of 2009)
  • Bhatt & Another v Habib Rajani [1958] EA 536
  • UEB v Launde Stephen Sanya (Court of Appeal Civil Appeal No. 1 of 2000)
  • John Katarikawe v Katwiremu & another [1977] HCB 187
  • James Charles Rwanyarare v AG & 22 others (High Court Civil Suit No. 95 of 2001)
  • Okello v UNEB (Supreme Court Civil Appeal No. 12 of 1982)
  • Madhvani International SA v A.G (Court of Appeal Civil Appeal No. 48 of 2004)
  • Agricultural Finance Corporation v Kenya National Insurance Corporation, Civil Appeal No. 271 of 1996, C.A (K)
  • Pan African Insurance Co v Uganda Airlines [1985] HCB 53
  • Kibalama v Alfasan Belgie [2004] EA 146
  • John Peter Nazareth v. Barclays Bank International Ltd., E.A.C.A. 39 of 1976 (UR)
  • African Insurance Co v Uganda Airlines [1985] HCB 53
  • Mohamed B.M. Dhanji v Lulu & Co [1960] EA 541
  • Kampala (Land Division) H.C Civil Suit No. 180 of 2012
  • Mwebeiha Amatos v AG (High Court Miscellaneous Application No. 022 of 2015)
  • Multi Holdings v Uganda Commercial Bank [1972] HCB 234
  • Connie Kekiyonza Watuwa, James Khauka and Pamela Namakanda v Attorney General (High Court Miscellaneous Application No. 544 of 2020)
  • Masaka District Growers Co-operative union & 41 others v AG (High Court Civil Suit No. 240 of 2015)
  • Kakyomya's farm & Tea Estate Ltd v AG (High Court Civil Suit No. 14 of 2005)
  • Emmanuel Turyamuhika Kikoni v Uganda Electricity Board (High Court Civil Suit No. 021 of 2004)
  • Mohanlal Kakubhai v Warid Telecom Uganda (High Court Civil Suit No. 224 of 2011)
  • British Transport Commission v Gourley [1956] AC 185
  • James Fredrick Nsubuga v Attorney General (High Court Civil Suit No. 13 of 1993)
  • Erukan Kuwe v Isaac Patrick Matovu & Another (High Court Civil Suit No. 177 of 2003)
  • Taikiya Kashwahiri & Another v Kajungu Denis (Court of Appeal Civil Appeal No. 85 of 2011)
  • Uganda Commercial Bank v Kigozi [2002] 1 EA 305
  • Charles Acire v Myaana Engola (High Court Civil Suit No. 143 of 1993)
  • Kibimba Rice Ltd v Umar Salim (Supreme Court Civil Appeal No. 17 of 1992)
  • Annet Zimbiha v Attorney General (High Court Civil Suit No. 109 of 2011)
  • Jennifer Rwanyindo Aurelia & Another v School Outfitters (U) Ltd (Court of Appeal Civil Appeal No. 53 of 1999)
  • National Pharmacy Ltd v Kampala City Council [1979] HCB 25
  • Uganda Revenue Authority v Stephen Mbosi (Supreme Court Civil Appeal No. 26 of 1995)
  • Liska Ltd v DeAngelis [1969] EA 06
  • National Pharmacy Ltd v Kampala City Council [1979] HCB 256

Full judgment

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Byarufa v Attorney and Another (Civil Suit No. 20 of 2010) [2022] UGHCCD 206 (20 October 2022)
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.