Katongole v Babirye and Others (Civil Appeal No. 32 of 2008)

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.

Holding

The Court of Appeal dismissed a second appeal by a registered proprietor seeking to evict his cousins. The Court held that the suit land belonged to the parties' grandfather, Kapere Kakooza, and formed part of his estate, not that of the appellant's father. Since the grandfather had in 1965 permitted the respondents' father to enter, build and cultivate the land with his consent, the respondents were lawful occupants under s.29(1)(b) of the Land Act 1998, and later bonafide occupants. The appellant's father had acquired title without the executor's authorisation, so the appellant took no valid title. Their kibanja rights could not be lawfully rescinded, and the appeal failed.

Outcome

Appeal dismissed; suit land declared part of the grandfather's estate; respondents protected as lawful/bonafide occupants; titles in appellant's names to be cancelled

Facts

The appellant and respondents are cousins descended from the late Ernest Kapere Kakooza, the registered proprietor of land at Mengo Kibuga Block 25, plots 116 and 152, Lugala. In 1965 Kapere offered part of the suit land to the respondents' father, Bakaluba Kigongo, subject to survey and transfer, and permitted him to build on plot 116 and cultivate plot 152. The respondents' family occupied and used the land continuously with Kapere's knowledge. The respondents' father later fell out of favour, and Kapere's 1975 will did not bequeath the land to him. Christopher Katongole, the appellant's father, obtained transfer of the land into his names, though the appointed executor, Stanley Serwanga, denied signing any transfer. On his father's death, the appellant obtained letters of administration, transferred the land into his names, and sued in the Chief Magistrate's Court to evict the respondents. Both the Magistrate and the High Court held the respondents were bonafide occupants and dismissed the suit and first appeal.

Issues

1. Whether plots 116 and 152 Block 25 Lugala formed part of the estate of Christopher Khalabas Katongole from which the appellant derived his interest, or the estate of the late Kapere Kakooza.
2. Whether the respondents and their father were lawful and/or bonafide occupants of the suit land or trespassers.
3. Whether the appellant occupied and used plot 152 as his permanent residence.
4. Whether the trial judge properly evaluated the evidence on record.

Orders

• Plots 116 and 152, Block 25 Kibuga of Lugala form part of the estate of Kapere Kakooza and not the estate of Christopher Khalabas Katongole, and are vested in the executor Stanley Semwanga, or if he is not alive, in the Administrator General for distribution to the children of Bakaluba Kigongo including the respondents.
• James Senyondo Katongole obtained titles through Christopher K. Katongole who had no title to pass, having acted without the consent of the executor Semwanga.
• The executor or Administrator General should apply to court to cancel the titles in the appellant's names and transfer the land to the children of Bakaluba Kigongo.
• Even before registration in the children of Bakaluba Kigongo, the respondents are protected as lawful occupants.
• If the appellant's residence is on plot 152, the status quo be maintained.
• If the appellant's residence is on plot 152 and the plot is vested in the children of Bakaluba Kigongo, the appellant is protected as a bonafide occupant on the titled land.
• The order awarding compensation to the appellant for the land sold was set aside/varied.
• The appeal fails and costs in this court and lower courts are awarded to the respondents.

Rules and key headnotes

Legislation cited (2)

• Land Act 1998 s.29(1)(a)
• Land Act 1998 s.29(1)(b)

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