Wakilii

Katende and 2 Others v Mayengo (Civil Appeal 119 of 2019)

High Court · [2023] UGHCLD 434 · 2023 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court judgment in land trespass suit
Decision
Appeal dismissed; trial court judgment declaring respondent as owner and appellants as trespassers upheld; eviction order and damages award confirmed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Appeal dismissed. The High Court held that Luwero Town Council compensated only Kijambu and Ssendi for their portion of land, not the respondent's suit land used as parking for his diplomatic lodge. The first and second appellants, who placed containers on the land with Town Council authorization, were trespassers. The appellants' failure to pursue third party indemnity proceedings at trial estopped them from raising it on appeal. General damages of UGX 10,000,000 with 8% interest were reasonable for loss of use of the parking yard.

Outcome

Appeal dismissed; trial court judgment declaring respondent as owner and appellants as trespassers upheld; eviction order and damages award confirmed

Facts

The respondent owned a diplomatic lodge in Luwero Town Council and claimed ownership of adjacent land measuring 100ft x 100ft, which he used as a parking yard. His late father Erinasani Batulabidewa Nsamba had bequeathed this land to seven children including the respondent. The father had separately given other land with a house to Sendi Fred and Kijambu Godfrey during his lifetime. In 1992, Luwero Town Council compensated only Sendi and Kijambu's widows for their portion to construct a road. Between 2013 and 2014, the first and second appellants, with Town Council authorization, placed containers on the respondent's parking yard to conduct business. The respondent reported the trespass to police and filed suit. The trial court found for the respondent, declaring him owner, the appellants trespassers, and awarding damages.

Issues

  1. Whether the suit land was duly compensated for by Luwero Town Council.
  2. Whether the appellants trespassed on the respondent's land.
  3. Whether the first and second appellants were entitled to indemnity from the third appellant.
  4. Whether the trial magistrate wrongfully exercised discretion in awarding general damages, interest and costs.

Orders

  • Appeal dismissed.
  • Judgment and orders of the trial magistrate in Civil Suit 026 of 2014 upheld.
  • Appellants to pay costs of the appeal jointly.

Rules and key headnotes

Land Ownership — Compensation — Scope of Compensation
Where a local authority compensates certain family members for land acquisition, the compensation does not extend to land belonging to other family members who were not included in the valuation, even if the lands are adjacent and the family shares common ancestry.
Trespass to Land — Elements — Possession
Trespass to land is premised upon interference with possession. Possession is paramount and can be actual or constructive. It is proved by showing that the alleged possessor has been dealing with the land as an occupying owner might be expected to deal with it and that no one else has done so.
Trespass to Land — Authorization by Third Party — No Defence Where Third Party Lacks Title
Where a defendant places structures on land with authorization from a local authority that has not compensated the true owner, the defendant is a trespasser notwithstanding the authorization, as the local authority had no right to grant permission.
Third Party Proceedings — Indemnity — Estoppel
Where defendants issue a third party notice but subsequently treat the third party as a co-defendant throughout trial without pursuing indemnity claims or adducing evidence on the degree of contribution, they are estopped from raising indemnity on appeal as an afterthought.
Damages — General Damages — Assessment for Trespass
General damages of UGX 10,000,000 for emotional stress and loss of use of land as a parking yard over several years is reasonable and not excessive where trespassers placed commercial containers on the land with the effect of depriving the owner of beneficial use.
Interest on Damages — Discretion — Civil Procedure Act s.26(2)
Under section 26(2) of the Civil Procedure Act, a court has discretion to award interest on a principal sum adjudged from the date of judgment to the date of payment. The basis of such award is that the defendant has kept the plaintiff out of his money and has had use of it, so the plaintiff ought to be compensated accordingly.
Appellate Review — First Appellate Court — Duty to Re-evaluate Evidence
The first appellate court has a duty to review the evidence, reconsider the materials before the trial judge and make up its own mind, not disregarding the judgment appealed from but carefully weighing and considering it.

Legislation cited (3)

Cases cited (4)

  • Kifamunte Henry v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • Lutaaya v Sterling Civil Engineering Co. (Supreme Court Civil Appeal No. 11 of 2002)
  • Omito Luka and Others v Attorney General (High Court Civil Suit No. 073 of 2004)
  • Uganda Revenue Authority v Stephen Mabosi (Supreme Court Civil Appeal No. 1 of 1996)

Full judgment

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

Katende_and_2_Others_v_Mayengo_(Civil_Appeal_119_of_2019)_[2023]_UGHCLD_434_(12_May_2023)
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.