Wakilii

Ebuye v Attorney General (CIVIL SUIT No. 896 OF 1993)

High Court · [1993] UGHCCD 15 · 1993 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking recovery of land and damages
Decision
Judgment entered for the plaintiff; defendant ordered to deliver vacant possession and pay damages 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 was the undisputed leasehold proprietor of the suit land and entitled to possession. The government's purported acquisition of the land under Statutory Instrument No. 19 of 1989 was rendered void ab initio due to failure to comply with mandatory requirements under the Land Acquisition Act: no service of the declaration on the registered proprietor, no gazette publication of the notice, and unlawful taking of possession by officers not empowered to do so. The acquisition had in any event been revoked before the Directorate of Water Development took possession. The court awarded special damages of UGX 12,800,000 and general damages of UGX 10,000,000.

Outcome

Judgment entered for the plaintiff; defendant ordered to deliver vacant possession and pay damages and costs.

Facts

The plaintiff held a leasehold interest in plot 39, Commercial Street, Port Bell from 1986, initially for 2 years, then extended to 6 years from 1988 and 4 years from 1994. In 1989 the Minister of Lands issued Statutory Instrument No. 19 acquiring the plot for government use. The plaintiff was not served with the acquisition notice. In 1992 the Minister revoked the acquisition order. Despite the revocation, in July 1993 officers of the Directorate of Water Development forcibly evicted the plaintiff from the land, destroyed his temporary structures, and removed building materials he had placed there. The plaintiff had obtained building plan approval in 1986 and had commenced development. The Directorate continued to occupy the land after the eviction, using it partly as a store and partly as a car washing bay.

Issues

  1. Whether the plaintiff is the proprietor of the suit land.
  2. Whether the plaintiff is entitled to possession of the suit land as against the defendant.
  3. Whether the plaintiff is entitled to the other remedies sought in the plaint.

Orders

  • Defendant to give vacant possession of the land to the plaintiff within 30 days from date of judgment.
  • Special damages of UGX 12,800,000 awarded to the plaintiff.
  • General damages of UGX 10,000,000 awarded to the plaintiff.
  • Interest on special and general damages at court rate from date of filing until full payment.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Land Registration — Certificate of Title — Conclusive Evidence of Proprietorship
A certificate of title constitutes conclusive evidence of entitlement or proprietorship of the land to the person named in the title, and that entitlement can only be questioned where fraud is alleged.
Leasehold — Interest in Land Vests from Date of Grant
Interest in land vests in the proprietor from the time the grant is made, not from the date the certificate of title is issued.
Land Acquisition — Service of Declaration — Mandatory Requirement
Section 2(3) of the Land Acquisition Act requires the Minister to cause a copy of the declaration to be served on the registered proprietor, the controlling authority, or the occupier of the land. This provision is mandatory.
Land Acquisition — Notice Requirements — Gazette Publication Mandatory
Section 4(1) of the Land Acquisition Act requires publication of the assessment officer's notice in the Gazette. Failure to publish the notice in the Gazette renders the acquisition proceedings invalid. Publication in a newspaper does not satisfy this statutory requirement.
Land Acquisition — Taking Possession — Authority and Preconditions
Only an assessment officer may take possession of land acquired under the Land Acquisition Act, and only after making an award under section 5. Taking possession by other government officers without an award having been made is unlawful.
Trespass to Land — Unlawful Taking of Possession by Government Officers
Where government officers take possession of land without lawful authority under the Land Acquisition Act and in breach of mandatory statutory requirements, they commit trespass and the government is vicariously liable for their actions.
Special Damages — Pleading and Proof
Special damages must be specifically pleaded and proved at the hearing. Where material evidence beyond a memorandum is lacking to establish actual loss or inability to recover the sum, special damages may be refused for that item.

Legislation cited (9)

Cases cited (5)

  • Ssewanyana v Aliker (Supreme Court Appeal No. 4 of 1990)
  • Bishopgate Motor Finance Co. Ltd vs Transport Brakes Ltd
  • Kwarakunde v Attorney General (1984) HCB 60
  • Osiyinge v Attorney General (High Court Civil Suit No. 291 of 1988)
  • Katatumba v Attorney General (1991) HCB 99

Full judgment

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

Ebuye Vs Attorney General (CIVIL SUIT No. 896 OF 1993) [1993] UGHCCD 15 (10 February 1993)
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.