Wakilii

Emmanuel Basaliza v Mujwisa Chris - HCT-01-CV-CS-0016 of 2003 (HCT-01-CV-CS-0016 of 2003)

High Court · [2003] UGHC 2 · 2003 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court judgment dismissing trespass claim
Decision
Appeal partly allowed; appellant awarded general damages for proven trespass in November 1999

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On appeal from dismissal of trespass claim, the High Court held that the appellant failed to prove trespass in July 1998 due to witness contradictions, but proved trespass in November 1999 where the respondent's cattle broke the fence and entered the appellant's farm. The court upheld dismissal of special damages claims for lack of strict proof but awarded general damages of UGX 2,500,000 for the proven November 1999 trespass and interference with exclusive use of the farm.

Outcome

Appeal partly allowed; appellant awarded general damages for proven trespass in November 1999

Facts

The appellant and respondent owned neighbouring farms separated by a barbed wire fence. The appellant sued in the Chief Magistrate's Court claiming damages for trespass by the respondent's cattle on four occasions between July 1998 and December 1999, alleging destruction of banana plantations, pasture, a wooden bridge, and abortion of a pregnant heifer caused by the respondent's bull. The Chief Magistrate dismissed the claim, finding no proved trespass on all occasions. The appellant appealed to the High Court, arguing improper evaluation of evidence. The respondent raised a preliminary objection concerning certification of the appeal record.

Issues

  1. Whether the learned trial Chief Magistrate erred in law and fact when he failed to properly evaluate the evidence and came to the wrong conclusion.
  2. Whether the appellant's record of appeal was defective for lack of certification.
  3. Whether the respondent's cattle trespassed onto the appellant's farm in July 1998 and November 1999.
  4. Whether the appellant proved special damages for destroyed banana plants, broken bridge, damaged pasture, and aborted calf.
  5. Whether the appellant was entitled to general damages for proven trespass.

Orders

  • Appeal partly allowed.
  • Finding that respondent's cattle trespassed in November 1999.
  • Appellant awarded general damages of UGX 2,500,000.
  • Interest awarded at 25% per annum from date of judgment until payment in full.
  • Appellant awarded costs for proceedings in both the High Court and lower court.

Rules and key headnotes

Civil Procedure — Appeals — Record of Appeal — Certification Requirements
Where a memorandum of appeal is filed with a photocopy of proceedings that is later replaced by a duly certified copy stamped by the lower court, the preliminary objection concerning lack of certification fails and the appeal may proceed on its merits.
Evidence — Standard of Proof — First Appellate Court Duty — Re-evaluation of Evidence
In a first appeal, the appellate court has a duty to review and re-evaluate the entire record of evidence, giving it fresh and exhaustive scrutiny, and then draw its own conclusions of fact to determine whether the trial court's decision should stand, bearing in mind that the trial court's view on credibility of witnesses it saw and heard is entitled to greater weight.
Evidence — Credibility — Self-Contradiction — Effect on Proof of Trespass
Where a key witness for the plaintiff testifies that he saw the defendant's cattle trespass on the plaintiff's farm but under cross-examination and re-examination contradicts himself by stating he was not present when the trespass occurred, such contradictions go to the root of the cause of action and justify a finding that the plaintiff failed to prove trespass on the balance of probabilities.
Tort Law — Trespass — Proof — Circumstantial Evidence and Reporting to Authorities
Where the defendant's workers claim the plaintiff's workers drove the defendant's cattle from the defendant's farm onto the plaintiff's farm by cutting the fence, the failure to report such conduct as theft to authorities and instead pleading with the plaintiff for release of the cattle supports an inference that the cattle strayed naturally and trespassed, not that they were stolen.
Damages & Quantum — Special Damages — Strict Proof — Assessment by Expert Without Supporting Basis
Special damages must not only be specifically pleaded but also strictly proved. Where an expert witness assesses damage to banana plantations and pasture but the valuation formula is not availed to court, the witness contradicts other witnesses including the local chairman, and the minutes of the compensation committee meeting upon which the estimate was based are not produced, the plaintiff fails to prove special damages on the balance of probabilities.
Civil Procedure — Locus in Quo — Procedure and Effect on Judgment
The purpose of visiting the locus in quo is for each party to testify on oath, be cross-examined, and clarify evidence already given by indicating features to the court. Court observations must be recorded. If the trial court fails to follow accepted procedure and bases its judgment on findings at the locus, the omission is fatal. Where alleged acts occurred years before the locus visit and there is no boundary dispute, the visit is a useless exercise and the case could have been decided without it.
Damages & Quantum — General Damages in Tort — Trespass to Land — Compensatory Principle
Damages in tort are compensatory in nature. A party whose exclusive use of farm and pasture is interfered with when another's cattle break the fence and intermingle with his herd, inevitably feeding on pasture intended only for his cattle, is entitled to reasonable compensation for the damage and inconvenience suffered, assessed as general damages.

Cases cited (11)

  • Yakuze v Nakalembe (High Court Bulletin 138 of 1988-1990)
  • Pandya v R [1957] EA 336
  • Selle & Anor v Associated Motor Boat Company Ltd & Other [1968] EA 123
  • Kyambadde v Mpigi District Administration (High Court Bulletin 44 of 1983)
  • Mutekanga v Equator Growers (U) Ltd (Supreme Court Civil Appeal No. 7 of 1995)
  • Kashongoize v China Sickman Corporation [1995] IKALR 64
  • Boham Carter v Hyde Park Hotel [1994] 64 TLR 178
  • Ononge v Okallang (High Court Bulletin 63 of 1986)
  • Jawangara v Obbo-Ogolla (High Court Bulletin 31 of 1976)
  • Kabalega v Mugangu [1992] 11 KALR 110
  • Waibi v Byandala (High Court Bulletin 28 of 1982)

Full judgment

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

Emmanuel Basaliza v Mujwisa Chris - HCT-01-CV-CS-0016 of 2003 (HCT-01-CV-CS-0016 of 2003) [2003] UGHC 2 (1 January 2003)
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.