Wakilii

Justine Okengo v Natali Abia & oers (Civil App. No.34 Of 2004) (Civil App. No.34 of 2004)

High Court · [2009] UGHC 37 · 2009 Appeal Allowed — Matter Remitted for Retrial AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court judgment on land ownership dispute
Decision
Matter remitted to Chief Magistrate's Court for retrial on all issues

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that permanent structures affixed to land become part and parcel of the land under the principle quicquid plantatur solo, solo cedit. Where Lint Marketing Board constructed stores as permanent fixtures on land and sold them to the appellant, the sale included the land itself. The trial court erred in holding that only the stores were sold. The failure to visit the locus in quo to determine boundaries was a miscarriage of justice. Appeal allowed and matter remitted for retrial to determine the size and boundaries of the land and proper ownership upon liquidation of Lint Marketing Board.

Outcome

Matter remitted to Chief Magistrate's Court for retrial on all issues

Facts

In 1997, the appellant purchased two stores and the land upon which they stood from Lint Marketing Board, which was under liquidation. The land measured approximately 150 by 100 metres according to the appellant. The second respondent claimed that the suit land belonged to his father and that he was occupying it. The stores were permanent structures that had been constructed and used by Lint Marketing Board over time. The trial Chief Magistrate held that the appellant had purchased only the stores and not the land. Multiple defendants were named in the original suit, with interlocutory judgment entered against four defendants, but the trial proceeded only between the appellant and second respondent. Witnesses gave varying accounts of the land's size and boundaries, with some requesting the court visit the locus in quo.

Issues

  1. Whether stores constructed on land by Lint Marketing Board formed part of the land sold to the appellant.
  2. Whether the trial magistrate erred in failing to visit the locus in quo to determine the boundaries of the disputed land.
  3. Whether the trial court properly conducted proceedings against all defendants where interlocutory judgment had been entered against some.

Orders

  • Appeal allowed.
  • Judgment of the Chief Magistrate, Gulu, delivered on 11.11.2004 in Civil Suit Number MK 62 of 2001 set aside.
  • Matter remitted for retrial by Chief Magistrate's Court with competent jurisdiction.
  • Retrial court to determine the size and borders of the land upon which the Lint Marketing Board stores were situate.
  • Retrial court to determine who took ownership of the land and stores when Lint Marketing Board was liquidated.
  • Retrial to be conducted by serving summons on all defendants, with proceedings against non-responding defendants to continue as if defence had been filed.
  • Each party to bear its own costs of proceedings up to date of this judgment.

Rules and key headnotes

Fixtures — Annexation to Land — Permanent Structures as Part of Land
Under the principle quicquid plantatur solo, solo cedit, whatever is attached to land as a permanent fixture becomes part of the land and the property of the owner of the land. Articles affixed to land by means other than their own weight become part and parcel of that land unless circumstances show they were intended not to be part of the land, with the onus lying on the one contending they are not part of the land.
Sale of Land — Fixtures Passing with Land — Permanent Structures
Where stores were permanent features on land, constructed and used over time by Lint Marketing Board, and no evidence showed they were temporary structures or that the Board had trespassed on another's land, the Board must have owned the land. When the Board sold the stores to a purchaser, it also sold the land of which the stores, as permanent fixtures, were part and parcel.
Locus in Quo — Duty to Visit — Boundary Disputes
Where evidence adduced before the trial court makes it of crucial importance to determine the boundaries of disputed land, and witnesses request the court to visit the locus in quo, failure to do so deprives the court of evidence necessary to reach a right decision and constitutes a miscarriage of justice.
Default Judgment — Proceedings Against Defaulting Defendants — Order 9 Rule 10
Where interlocutory judgment is entered against defendants who fail to file a defence, the trial must proceed against them as if each had filed a defence under Order 9 Rule 10 of the Civil Procedure Rules. The plaintiff must adduce evidence to prove the case against each defendant, whether or not present at the hearing.
Appeals — Competence — Absence of Extracted Decree — Article 126(e)
Under Article 126(e) of the Constitution, a court must administer substantial justice without undue regard to technicalities. Where court proceedings and judgment are available and the court is not inhibited in hearing the appeal, and the appeal involves serious issues concerning land ownership between ordinary people, the appeal is competent notwithstanding the absence of an extracted decree.

Legislation cited (2)

Cases cited (3)

  • Holland v Hodgson (1872) LR 7 CP 38
  • Francis v Ibitoye (1936) NLR 11
  • Belgrade Nominees v Barlin-Scott Air Conditioning (Aust) Pty Ltd (1984) VR 947

Full judgment

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

Justine Okengo v Natali Abia & oers (Civil App. No.34 Of 2004) (Civil App. No.34 of 2004) [2009] UGHC 37 (26 March 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.