Wakilii

Kamuntu v Attorney General (Civil Suit No. 38 of 2016) 2017 UGHCLD 9 (2017-02-09)

High Court · [2017] UGHCLD 9 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil suit for compensation following compulsory land acquisition, with judgment on admission entered for compensation amount pursuant to Order 13 r.6 CPR; assessment of general damages, mesne profits, interest and costs
Decision
Plaintiff awarded compensation already admitted (UGX 3,262,000,000), plus general damages (UGX 200,000,000) and mesne profits (UGX 2,500,000,000) with interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court held that where Government compulsorily acquired land without following due process and without paying prompt compensation as required by Article 26(2)(b)(i) of the Constitution, the registered proprietor is entitled to general damages, mesne profits for loss of income from commercial use, interest on both awards, and costs. The Court awarded UGX 200,000,000 general damages with 23% interest from judgment, UGX 2,500,000,000 mesne profits with 8% interest from 1990, and granted certificates of complexity and for two counsel given the 26-year delay, substantial amounts involved, and complex constitutional issues.

Outcome

Plaintiff awarded compensation already admitted (UGX 3,262,000,000), plus general damages (UGX 200,000,000) and mesne profits (UGX 2,500,000,000) with interest and costs

Facts

In 1982, the plaintiff purchased Ranch No. 33 in the Ankole Ranching Scheme (638 hectares) for commercial farming and livestock rearing. He made substantial investments including importing 250 Boran cattle from Kenya at USD 500 each and pledged the land as security for a development loan from Uganda Development Bank. In 1990, Government agents compulsorily acquired the suit land without following due process and without paying compensation as required by the Constitution. The agents distributed the land to third parties and destroyed the plaintiff's property and livestock. The plaintiff could not repay his bank loan, damaging his reputation in the financial sector. A 1996 valuation report put the value of properties taken at USD 246,152.40. The defendant admitted liability and judgment on admission was entered for UGX 3,262,000,000 compensation for the land value. The court then assessed general damages, mesne profits, interest and costs.

Issues

  1. Whether the plaintiff is entitled to award of general damages and interest thereon.
  2. Whether the plaintiff is entitled to award of mesne profits and if so, how much?
  3. Whether the plaintiff is entitled to the award of interest on the amount of compensation and mesne profits if any, is awarded in the latter.
  4. Whether the plaintiff is entitled to the award of costs of the suit.
  5. Whether the case warrants the award of a certificate of complexity and certificate for two counsel.

Orders

  • The plaintiff is awarded general damages of Shs. 200,000,000.
  • The amount in general damages shall attract interest at a rate of 23% per annum from the date of this judgment till payment in full.
  • The plaintiff is awarded mesne profit of Shs. 2,500,000,000.
  • The amount of mesne profits shall attract interest at a rate of 8% per annum from 1990 till payment in full.
  • The plaintiff is awarded a certificate of complexity and a certificate for two counsels.
  • The plaintiff is awarded costs of the suit.

Rules and key headnotes

Constitutional Law — Property Rights — Compulsory Acquisition — Fair and Adequate Compensation — Requirement of Prompt Payment Prior to Taking
Under Article 26(2)(b)(i) of the Constitution 1995, no person shall be compulsorily deprived of property or any interest therein unless fair and adequate compensation is paid promptly prior to taking of the property.
Damages & Quantum — General Damages — Assessment — Compensatory Nature — Restoration of Injured Party
General damages mean compensation in money terms for loss or injury sustained by the plaintiff at the instance of the defendant, intended to restore the wronged party into the position he would have been in if there had been no breach. The object is to give compensation for the damage, loss or injury suffered, and general damages should be compensatory in nature in that they should restore some satisfaction, as far as money can do it, to the injured plaintiff.
Damages & Quantum — Assessment — Evidence Requirements — Guidance on Quantum
A party claiming damages should lead evidence or give an indication of a figure of what amount of damages ought to be awarded as the quantum. However, the inconvenience or loss though not specifically proved can be inferred from circumstances adduced in evidence. Courts are guided mainly by the value of the subject matter, the general economic or social and other inconvenience and loss that the party may have been put through at the instance of the opposite party, and the nature and extent of the breach or injury.
Damages & Quantum — Mesne Profits — Definition — Wrongful Possession as Essential Element
Mesne profits are those profits which the person in wrongful possession of property actually received or might with ordinary diligence have received from it together with interest on those profits, but shall not include profits due to improvements made by the person in wrongful possession. Wrongful possession of the defendant is the very essence of a claim for mesne profits.
Land & Property — Compulsory Acquisition — Mesne Profits — Commercial Use — Assessment of Loss of Income
Where Government unlawfully takes over land intended for commercial use and settles third parties thereon without paying compensation in accordance with law, the registered proprietor who had made reasonable investments for commercial farming is entitled to mesne profits representing the return on investments that would have been derived with exercise of due diligence for the period of deprivation.
Damages & Quantum — Interest — Rate of Interest — Commercial Land — Discretion of Court
Where suit land compulsorily acquired by Government was intended for commercial purposes, the court has wide discretion under section 26(2) of the Civil Procedure Act to grant interest on a decree for payment of money. Interest may be awarded at commercial rates reflecting the commercial nature of the property and the loss sustained.
Civil Procedure — Costs — Certificate for Two Counsel — Certificate of Complexity — Criteria for Award
Under the Advocates (Remuneration and Taxation of Costs) Regulation, the court has discretion to grant a certificate for more than one Advocate and a certificate of complexity considering the amount received or paid in settlement or the relief awarded or nature and importance or difficulty of the case. Where a case involves substantial land area, colossal amounts of compensation unpaid for over 26 years, and complex issues of Government compulsory acquisition and resettlement of third parties, it warrants certificates of complexity and for two counsel.

Legislation cited (6)

Cases cited (11)

  • Nsubuga v Attorney General (HCCS No. 13 of 1993)
  • Uganda Revenue Authority v Kitamirike (CACA No. 43 of 2010)
  • Coussens v Attorney General (SCCA No. 08 of 1999)
  • Kibimba Rice Ltd v Salim (SCCA No. 17 of 1992)
  • Kashwahiri v Kajungu (CACA No. 85 of 2011)
  • Ongom v Attorney General [1979] HCB 267
  • Uganda Commercial Bank v Kigozi [2002] 1 EA 305
  • Mukasa v Wambedde (HCCS No. 459 of 1998)
  • Amatos v Attorney General (HCCS No. 38 of 2015)
  • Butagira v Mukasa (SCCA No. 6 of 1989)
  • Pollock House Ltd v Nairobi Wholesalers Ltd (No. 2) [1972] EA 172

Full judgment

↓ Download PDF

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

Kamuntu v Attorney General (Civil Suit No. 38 of 2016) 2017 UGHCLD 9 (2017-02-09)
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.