Wakilii

Christopher Marimanya v Abdu Kasule and 2 Others (Civil Suit No. 159 of 1993)

High Court · [1994] UGHC 136 · 1994 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for trespass to land. Defendants served but did not enter appearance; plaintiff granted leave to proceed ex parte under Order 9 rule 8 of Civil Procedure Rules.
Decision
Plaintiff granted judgment for trespass. Defendants ordered to vacate within 14 days, eviction order to issue forthwith, and to pay general damages and costs.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a registered Certificate of Title is conclusive evidence of ownership under Registration of Titles Act s.56. Where defendants entered and cultivated a plaintiff's registered land without permission, refused to vacate after notice, and restricted the plaintiff's use of the land, trespass was proved. The plaintiff was entitled to vacant possession, an eviction order, and general damages reflecting the loss of use and expenses incurred.

Outcome

Plaintiff granted judgment for trespass. Defendants ordered to vacate within 14 days, eviction order to issue forthwith, and to pay general damages and costs.

Facts

In 1983, the plaintiff purchased approximately 250 acres of land at Katovu, Bulimbale, Masaka District. A Certificate of Title (Leasehold Register Volume 1698 Folio 15 Buddu Block 983) for a 49-year lease was registered in his name on 29 September 1988. The plaintiff used the land for agriculture and grazing. In August 1992, his herdsman reported that three defendants were cultivating on the land and challenging the plaintiff's rights. The plaintiff arranged for surveyors to reopen the boundaries, but the defendants disrupted the exercise, threatened violence, and refused to leave. The plaintiff's lawyers issued notices in early 1993, but the defendants continued cultivating approximately 20 acres, planting crops and trees, and even burying a worker on the land. The defendants did not enter appearance despite service of summons and hearing notices. The court granted the plaintiff leave to proceed ex parte.

Issues

  1. Whether the land in dispute belongs to the plaintiff.
  2. Whether the defendants trespassed on the suit land.
  3. Whether the plaintiff has suffered any damage.
  4. What remedies are available to the plaintiff if any.

Orders

  • The defendants are ordered to vacate the suit property within 14 days.
  • Eviction order to issue forthwith.
  • General damages of UGX 900,000 awarded for trespass with interest at court rate from the date of judgment until payment in full.
  • The defendants to pay the costs of this suit.

Rules and key headnotes

Land & Property — Title — Certificate of Title as Conclusive Evidence
A Certificate of Title is conclusive evidence of title under Registration of Titles Act s.56. In the absence of evidence to the contrary, the registered proprietor's ownership is established by production of the Certificate of Title.
Tort Law — Trespass to Land — Elements of Proof
Trespass to land is proved where a defendant enters and remains on the plaintiff's land without permission, cultivates the land, and continues such activities after receiving notice to cease. Joint and several liability attaches where multiple defendants act in concert to trespass on the same land.
Tort Law — Trespass to Land — Damages
General damages for trespass to land are recoverable where the plaintiff proves loss of use, restriction on grazing capacity, forced reduction of livestock, expenses incurred in attempting to resolve the dispute, and inability to develop the land and put it to full use.
Land & Property — Remedies — Vacant Possession and Eviction
Where trespass to land is proved, the registered proprietor is entitled to an order for vacant possession and an eviction order requiring the trespassers to vacate within a specified period. An eviction order may issue forthwith where defendants fail to enter appearance or defend the claim.

Legislation cited (2)

Full judgment

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Christopher Marimanya v Abdu Kasule and 2 Others (Civil Suit No. 159 of 1993) [1994] UGHC 136 (2 March 1994)
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.