Kato Martin v Mugwana Livingstone Mukasa (Civil Suit 35 of 2022)

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

Held that a plaintiff who inherited one kibanja from his late father in 1969 and purchased an adjacent kibanja in 1994, paying busulu continuously, is the lawful owner of both bibanja interests. A registered mailo landowner who enters land occupied by a lawful tenant, destroys crops, and forcefully evicts the tenant commits trespass. The registered owner's rights are limited to receiving annual nominal ground rent and do not extend to possession where a lawful tenancy subsists under Land Act s.29 and s.33. Permanent injunction granted; general damages of UGX 80,000,000 awarded.

Outcome

Plaintiff's suit succeeded; Defendant ordered to vacate and permanently restrained from trespassing; general damages and costs awarded to Plaintiff

Facts

The Plaintiff claimed ownership of two adjacent bibanja interests totalling approximately 25 acres in Bulyana, Nakaseke district. He inherited the first kibanja from his late father Gabriel Ssalongo Sengoma in 1969 and purchased the second from Alice Mbawadde in 1994 for UGX 180,000. The Plaintiff paid busulu continuously for both bibanja. In 2015, while constructing a new house, the Defendant (administrator of the estate of the late Sewanonda Eremiya, the registered mailo owner) entered the land, cut down the Plaintiff's crops, made death threats, and forcefully evicted him, claiming ownership. The Plaintiff was forced to relocate. The suit proceeded exparte after the Defendant failed to appear. A locus visit confirmed the land measured approximately 25 acres with crops, a house, latrine, and family graveyard.

Issues

1. Whether the Plaintiff is the rightful owner of the two bibanja interests situated on the land in Bulyana LC.1 Kikandwa, Semuto subcounty, Nakaseke district.
2. Whether the Defendant is a trespasser on the suit land.
3. What remedies are available to the parties?

Orders

• Declaration that the Plaintiff is the lawful owner of the two suit Bibanjas located in Bulyana LC.1 Kikandwa, Semuto subcounty, Nakaseke district measuring approximately 25 acres.
• Declaration that the Defendant is a trespasser on the two suit Bibanja.
• Order directing the Defendant to immediately vacate the Plaintiff's Bibanja and cease any operations thereon.
• Permanent injunction restraining the Defendant, his successors, workers and agents from trespassing on the two Plaintiff's suit Bibanjas by renting, leasing, selling, or interfering with the Plaintiff's occupancy, issuance of threats or attempting illegal eviction.
• General damages of UGX 80,000,000.
• Costs of the suit to the Plaintiff.

Rules and key headnotes

Legislation cited (7)

• Land Act Cap 236 s.29(1)
• Land Act s.29(1)(a)(i)
• Land Act s.33(1)
• Land Act s.3(4)
• Land Act s.35(2)
• Constitution of Uganda 1995 Article 237(8)
• Busuulu and Envujjo Law 1928

Cases cited (5)

• Owembabazi Enid v Guarantee Trust Bank Limited and Others (HCMA No. 0063 of 2019)
• Hosea Sonko and 11 Others v D.K. Banoba (HCCA No. 71 of 2014)
• Ponsiano Katamba v Cotilda Nakirijja (Civil Appeal No. 169 of 2019)
• Odyek Alex and Another v Gena Yokonani and Others (Civil Appeal No. 009 of 2017)
• Jennifer Nsubuga v Michael Mukundane and Another (Court of Appeal Civil Appeal No. 208 of 2018)

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.

• Rukuba Ngaiza( as administrator of the estate of the late zabuloni kikukule and Ezekiel Rukuba) v Kahangwe alias samwiri Rukuba)( as administrator of the Estate of the late Nikodem

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