Wakilii

Dr. Businge v Kaddu (Civil Suit 312 of 2013)

High Court · [2023] UGHCLD 136 · 2023 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of ownership, vacant possession, and damages for trespass
Decision
Judgment entered for the plaintiff with declaration of ownership, order for payment of land value or vacant possession, permanent injunction, demolition order, general damages, interest, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the plaintiff, as registered proprietor of land comprised in LRV 2709 Folio 6, plot 2847 block 203 at Namungoona Kigobe Kampala, was the rightful owner. The defendant's claim to a kibanja interest was rejected due to fatal discrepancies in documentary evidence, conflicting measurements and locations, and failure to prove customary tenure. The defendant entered and occupied the land without the consent of the registered owner and was therefore a trespasser. Judgment was entered for the plaintiff with orders for payment of land value or vacant possession, general damages, and costs.

Outcome

Judgment entered for the plaintiff with declaration of ownership, order for payment of land value or vacant possession, permanent injunction, demolition order, general damages, interest, and costs

Facts

The plaintiff purchased land comprised in LRV 2709 Folio 6, plot 2847 block 203 at Namungoona Kigobe Kampala from National Housing and Construction Corporation Ltd (NHCC) on 28 June 2006. The land was free from encumbrances at the time. He obtained a certificate of title in April 2011. In March 2012, the defendant attempted to sell the suit land and later constructed structures thereon. The defendant claimed he had purchased a kibanja interest from one Salongo Semanda Gerald in 2009/2010, who had acquired it from Sebadduka in 1994. The defendant asserted the land originally belonged to the estate of Prince Kimera Ssemakokiro, inherited from his grandmother. A default judgment was initially entered in favour of the plaintiff on 18 October 2013, but was set aside on 29 April 2016, and the matter proceeded inter partes.

Issues

  1. Whether the plaintiff is the registered proprietor of the suit land.
  2. Whether the defendant owns a kibanja/customary interest over the suit property.
  3. Whether the defendant is a trespasser over the suit property.

Orders

  • Declaration that the plaintiff is the rightful owner of the suit land comprised in LRV 2709 Folio 6, plot 2847, block 203, land at Namungoona Kigobe Kampala.
  • The defendant is to pay a sum of UGX 180,000,000 (one hundred and eighty million shillings) as estimated value of the land within a period of four months from the time of delivery of this judgment.
  • Upon failure to pay the said sum, the defendant and those claiming under him shall give vacant possession after the four months have elapsed.
  • A permanent injunction and a demolition order shall automatically issue against the defendant or those claiming under him, for the removal of the illegal structures on the suit property, upon failure to pay within four months.
  • An order for an award of UGX 50,000,000 (fifty million shillings) as general damages for trespass and for the inconvenience and mental anguish caused to the plaintiff.
  • Interest of 15% per annum shall be payable on the awards granted in orders (2) and (5) above, from time of delivery of this judgment until payment is made in full.
  • Costs of the suit to the plaintiff.

Rules and key headnotes

Registered Proprietorship — Conclusiveness of Certificate of Title
Every certificate of title issued under the Registration of Titles Act is conclusive evidence that the person named therein is the proprietor of the land.
Customary Tenure — Kibanja Interest — Proof Required
A customary tenancy or kibanja interest must be proved by evidence of long occupation, recognition of the owner of the reversion or landlord (and vice versa), and payment of ground rent or busuulu in the case of land in Buganda.
Kibanja Interest — Requirement for Consent to Transfer
A tenant by occupancy who wishes to assign, sublet or otherwise deal with the land must do so with the consent of the land owner. The same principle applies to an owner who wishes to dispose of a kibanja interest, and the first option of taking the assignment of the tenancy is given to the rightful owner.
Trespass to Land — Elements of Proof
To prove trespass to land, the party alleging trespass must prove that the disputed land belonged to him, that the other party had entered upon that land, and that the entry was unlawful in that it was made without his permission or the entrant had no claim, right or interest in the land.
Burden of Proof — Standard in Civil Cases
The burden of proof lies with the plaintiff who has the duty to furnish evidence whose level of probity is such that a reasonable person might hold more probable the conclusion which the plaintiff contends, on a balance of probabilities.
Fraud — Requirement of Attribution to Transferee
Fraud that vitiates a land title of a registered proprietor must be attributable to the transferee. Fraud of a transferor not known to the transferee cannot vitiate the title.
Traditional Rulers (Restitution of Assets and Properties) Act — Effect on Estate Claims
Following the enactment of the Traditional Rulers (Restitution of Assets and Properties) Act Cap. 247 in 1993, properties previously owned by traditional rulers or connected to their offices were restored to the institution of the Kabaka. Purported beneficiaries of estates such as that of the late Daudi Chwa II no longer have direct and valid claims or interests in such land, as it has been entrusted to the institution of the Kabaka and is under the management of the Buganda Land Board.

Legislation cited (14)

Cases cited (16)

  • George William Kokoma v Attorney General [2010] HCB 7
  • Sebuliba v Cooperative Bank Ltd [1982] HCB 730
  • Oketho v Attorney General (Civil Suit No. 0069 of 2004)
  • Justin Lutaya v Stirling Civil Engineering Company (Supreme Court Civil Appeal No. 11 of 2002)
  • Sheikh Mohammed Lubowa v Kitara Enterprises Ltd (SCCA No. 04 of 1987)
  • Fam International Ltd and Ahmad Farah v Mohammed El Fith [1994] KALR 307
  • Kampala Bottlers v Damanico (U) Ltd (SCCA No. 22 of 2012)
  • Kampala District Land Board & George Mutale v Venansio Babweyaka & Ors (SCCA 2/07)
  • Godfrey Ojuang v Wilson Bagenza (CA No. 25 of 2002)
  • Suleiman Adrisi v Rashida Abul Karim Esmail & Anor (Civil Suit No. 008 of 2011)
  • Jonathan Masembe and 3 others v Makerere University & 2 others (Civil Suit No. 857 of 2000)
  • Rev Eduard Nelson Sentuuji v Sevansa Katabire [1988-1990] HCA
  • Yekoyasi Mulindwa v Attorney General [1985] HCB
  • Uganda Commercial Bank v Deo Kigozi [2002] EA 293
  • Storms v Hutchison (1905) AC 515
  • Assist (U) Ltd v Italian Asphalt and Haulage & Anor (HCCS No. 1291 of 1999)

Full judgment

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

Dr._Businge_v_Kaddu_(Civil_Suit_312_of_2013)_[2023]_UGHCLD_136_(24_May_2023)
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.