Wakilii

Joweria Katende v Zaidi Semakula (HCT-00-FD-CS-0115-2006) (HCT-00-FD-CS-0115-2006)

High Court · [2009] UGHC 35 · 2009 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of possession of matrimonial home, damages for trespass, and permanent injunction
Decision
Plaintiff's suit dismissed; defendant not found liable for eviction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The plaintiff failed to prove on a balance of probability that the defendant evicted her from her matrimonial home. The evidence established that adult grandchildren of the deceased, who were sons of the heir, made it intolerable for the plaintiff to remain in the home and occupied the premises. The plaintiff's witnesses did not support her claim of direct participation by the defendant in the eviction, and the defendant provided evidence that he was away from Kampala on the alleged date of eviction. The suit was dismissed with costs.

Outcome

Plaintiff's suit dismissed; defendant not found liable for eviction

Facts

Joweria Katende was the widow of the late Juma Lulika Katende, who died on 26 February 2006. They had lived together in a matrimonial home at Nakulabye, Katende Zone for 47 years. After her husband's death, the plaintiff alleged she was unlawfully evicted on 28 November 2006 by Wasswa Umaru assisted by the defendant, Zaidi Semakula, who was one of the deceased's sons and her stepson. Evidence established that grandchildren of the deceased (sons of PW2, Ssalongo Lulika, who was the heir) occupied the premises after the death. These grandchildren — Kato Twaha, Seruntenga Kassim, Isma Mukiibi, and others — stoned the house, attempted to burn it, and abused the plaintiff, making it intolerable for her to remain. She moved to stay with one of her children. The defendant denied involvement and provided evidence he was away in Mityana from 27 to 30 November 2006 surveying land. PW2 suspected the defendant's involvement because he stood surety for the grandchildren after their arrest.

Issues

  1. Whether the defendant evicted or participated in the eviction of the plaintiff from her matrimonial home.
  2. Whether the plaintiff suffered any damages.
  3. Whether the plaintiff may be entitled to any other relief.

Orders

  • Plaintiff's action dismissed.
  • Costs awarded to the defendant.

Rules and key headnotes

Evidence — Burden and Standard of Proof — Civil Cases — Balance of Probability
In civil cases, the standard of proof is on a balance of probability. The party that wishes to establish a fact must do so on a balance of probability, meaning the tribunal must be able to say 'we think it more probable than not'; if the probabilities are equal, the burden is not discharged.
Civil Procedure — Proof of Claims — Plaintiff's Duty — Pleadings and Evidence
A plaintiff must prove their case on a balance of probability. Where the plaintiff's pleadings assert one version of events but her own witnesses' evidence contradicts or fails to support that version, the plaintiff fails to discharge the burden of proof.
Civil Procedure — Parties — Joinder — Failure to Join Necessary Parties
Where persons who are alleged by the plaintiff's own evidence to have been directly responsible for the acts complained of are not made parties to the action, and those persons are of majority age, known, and can take responsibility for their actions, the failure to join them may be fatal to the plaintiff's case against another defendant.

Cases cited (1)

  • Miller v Minister of Pensions [1947] 2 All ER 372

Full judgment

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

Joweria Katende v Zaidi Semakula (HCT-00-FD-CS-0115-2006) (HCT-00-FD-CS-0115-2006) [2009] UGHC 35 (30 June 2009)
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.