Katende Salongo v Kikomeko and Another (CIVIL APPEAL NO. 78 OF 1998)

Observed later treatment

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.

Holding

The High Court allowed the appeal, holding that the plaintiff had superior title to the suit land. The first defendant's claim to have purchased the land was not supported by credible evidence. The Registrar of Titles had improperly cancelled the plaintiff's certificates of title based on an implied power in a High Court order that never directly ordered such cancellation. The plaintiff was entitled to vacant possession. The trial magistrate erred in awarding special damages that were neither pleaded nor proved.

Outcome

Plaintiff granted vacant possession of the suit premises

Facts

The plaintiff purchased land known as Block 4 Plot 663 (later divided into plots 719 and 721) in Bakuli, Kampala, from Norah Twemanye on 20 May 1993 for Shs. 900,000. He obtained registration as proprietor. Both defendants built on the land without permission. The first defendant claimed to have purchased the land from Norah Twemanye before the plaintiff. The second defendant claimed his late mother had houses on the land. The first defendant lodged a caveat, which was removed but later reinstated by High Court order. The Registrar of Titles then cancelled the plaintiff's certificates of title, claiming implied authority from the High Court order. The trial magistrate entered a confused judgment denying the eviction order but awarding special and general damages. Both parties appealed.

Issues

1. Whether the plaintiff had superior title to the suit land to warrant an eviction order.
2. Whether the first defendant had purchased the suit land before the plaintiff.
3. Whether the Registrar of Titles properly cancelled the plaintiff's certificates of title.
4. Whether the special damages awarded were properly pleaded and proved.

Orders

• Appeal allowed.
• Cross-appeal dismissed.
• Order for vacant possession of the suit premises granted in favour of the appellant/plaintiff.
• Appellant/plaintiff awarded the taxed costs of both the appeal and cross-appeal.

Rules and key headnotes

Legislation cited (2)

• Illiterates Protection Act Cap 73
• Evidence Act Cap 434

Cases cited (1)

• Christopher Zimbe v Tokana Kamanza (1954) 7 ULR 31

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Yasin Kikomeko v Ahmed Salongo Katende (Civil Appeal No. 60 of 2000)

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