Kasule v Mugerwa & 2 Ors (Civil Suit No. 006 2002)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court found that the third defendant wrongfully evicted the plaintiff from commercial premises on 7 August 2001 and removed his merchandise without notice. Special damages claims failed for lack of strict proof. General damages of UGX 7,000,000 were awarded against the second defendant for mental anguish, shame and humiliation caused by the illegal eviction. The court held that the second defendant was properly liable as the resident party in charge of the property.
Outcome
Plaintiff awarded general damages of UGX 7,000,000 with interest at 18% per annum from judgment; special damages claims dismissed; costs awarded to plaintiff against second defendant
Facts
In 1980, the plaintiff obtained authority from the Departed Asians Properties Custodian Board to erect a commercial structure on plot 18 Grant Street, Masaka, and operated a business there paying rent. In 2000, the first defendant obtained a lease on the property and the plaintiff paid rent at UGX 20,000 per month. On 7 August 2001, the second and third defendants evicted the plaintiff without notice, breaking the lock and removing his merchandise. The plaintiff was not present during the eviction. Two RDCs visited the premises and met the second defendant, who stated that the plaintiff as a poor man could not proceed against rich defendants. A witness saw the third defendant cut the lock at 10:00 a.m., ferry merchandise with two mechanics, and later remove goods by lorry. The second defendant was the resident party in charge of the property on behalf of his sons.
Issues
- Whether the defendants evicted the plaintiff and took away his merchandise.
- Whether the plaintiff is entitled to the reliefs he seeks in the plaint.
Orders
- General damages of UGX 7,000,000 awarded to the plaintiff against the second defendant.
- Interest at 18% per annum on general damages from date of judgment until payment in full.
- Special damages claims dismissed for lack of strict proof.
- Costs of the suit awarded to the plaintiff against the second defendant.
- First defendant found to have no capacity to sue or be sued.
Rules and key headnotes
Cases cited (1)
- Nordin Charamia Walji v Drake Ssemakula (SC Civil Appeal No. 40 of 1995)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.