Wakilii

Kiwanuka & Anor v Mayanja (Civil Appeal No 2144 of 2016)

High Court · [2019] UGHCLD 53 · 2019 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court judgment
Decision
Appeal dismissed; trial court judgment upholding trespass finding and granting permanent injunction affirmed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that appellants who fail to enter appearance and file a defence have no locus standi before the trial court, and cannot claim to have been condemned unheard when they chose not to participate. Procedural irregularities in the trial court, including entry of judgment without specifying the law under which it was passed and allowing participation of parties without locus at locus proceedings, do not occasion a miscarriage of justice where there is sufficient evidence to support the trial court's finding. Appeal dismissed.

Outcome

Appeal dismissed; trial court judgment upholding trespass finding and granting permanent injunction affirmed

Facts

The Respondent sued the Appellants claiming a permanent injunction, general damages, and mesne profits for trespass on registered land comprised in Busiro Block 295 Plot 51 Katolingo. Both Appellants did not enter appearance at trial. The 2nd Appellant applied for leave to enlarge time to file a defence but did not prosecute the application. The trial court directed both Appellants to file a defence by 12th April 2012, but none was filed. Judgment was entered against the 1st Appellant, and the trial court proceeded ex parte against the 2nd Appellant under O.9 r.10 of the Civil Procedure Rules. The trial court visited locus on 11th July 2013. The 2nd Appellant filed a written statement of defence on 19th September 2013, eleven days before judgment was delivered. The trial court found in favour of the Respondent, holding that the Appellants were trespassers on the suit land.

Issues

  1. Whether the trial Magistrate failed to properly evaluate evidence available thereby reaching a wrong decision.
  2. Whether the trial Magistrate erred when she held that the Appellants are trespassers on the subject land.
  3. Whether the trial Magistrate failed or ignored the fact that the late Musanje Daniel, husband to the 2nd Appellant, had kibanja interest on the suit land.

Orders

  • Appeal dismissed.
  • Costs to the Respondent.

Rules and key headnotes

Civil Procedure — Locus Standi — Failure to Enter Appearance — Effect on Right to Be Heard
A party who fails to enter appearance and file a defence has no locus standi before the trial court and cannot claim to have been condemned unheard when they chose not to participate in the proceedings.
Civil Procedure — Procedural Irregularities — Effect on Substantive Justice
Procedural irregularities, including entry of judgment without specifying the law under which it was passed, are not fatal to the proceedings where there is sufficient evidence to support the trial court's substantive finding.
Civil Procedure — Locus in Quo — Participation by Parties Without Locus Standi
It is irregular for a trial court to allow parties without locus standi to participate at locus in quo proceedings, but such irregularity does not occasion a miscarriage of justice where the parties had no evidence to clarify.
Civil Procedure — First Appeal — Duty to Re-evaluate Evidence
On first appeal, the appellate court has a duty to subject the entire evidence on record to exhaustive scrutiny and re-evaluate and make its own conclusion, while bearing in mind that it never observed the demeanour of the witnesses.

Legislation cited (1)

  • Civil Procedure Rules O.9 r.10

Cases cited (8)

  • Fr. Nasensio Begumisa & 3 Others v Kibebaga (Supreme Court Civil Appeal No. 17 of 2002)
  • Chepteka Samuel v Mangusho Shadrick (High Court Civil Appeal No. 6 of 2016)
  • Kifamunte Henry v Uganda (Supreme Court Civil Appeal No. 10 of 1997)
  • Augustine Kiiza v Katusabe Vicent (High Court Civil Appeal No. 60 of 2013)
  • Kalyesubula Fenekansi versus Luwero District Land Board & 2 Others Misc. Application No.2011
  • Yeseri Waibi v Lusi Byandala [1982] HCB 28
  • Safina Bakulimya & Anor v Yusuf Musa Wamala (High Court Civil Appeal No. 32 of 2016)
  • Obima Ama v Yumes d/o Stanley Udo & 2 Ors (High Court Civil Appeal No. 1 of 2012)

Full judgment

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

Kiwanuka_&_Anor_Vs_Mayanja_(Civil_Appeal_No_2144_of_2016)_[2019]_UGHCLD_53_(21_August_2019)
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.