Wakilii

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

High Court · [2019] UGHCLD 48 · 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 in trespass suit
Decision
Appeal dismissed; trial court judgment affirmed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the appeal, holding that the appellants were not condemned unheard but rather failed to enter appearance or file defences despite being given opportunity to do so, thereby putting themselves out of court. The trial court's finding that appellants trespassed on the registered suit land was supported by undisputed evidence confirmed at locus. Procedural irregularities in the trial court's handling of the ex parte judgment and locus proceedings were not fatal where evidence supported the substantive finding and appellants had no locus standi before the court.

Outcome

Appeal dismissed; trial court judgment affirmed

Facts

The respondent sued the appellants in the Chief Magistrate's Court claiming a permanent injunction, general damages, and mesne profits arising from trespass on land comprised in Busiro Block 295 Plot 51 Katolingo, registered in his name. Both appellants failed to enter appearance. The 2nd appellant brought an application to enlarge time to file defence, but by 29th March 2012 had not prosecuted it. On 29th March 2012, the 1st appellant expressed desire to defend and court directed both appellants to file defences by 12th April 2012. No defence was filed. Judgment was entered against the 1st appellant and the matter proceeded ex parte against the 2nd appellant under Order 9 rule 10 of the Civil Procedure Rules. Court visited locus on 11th July 2013. The 2nd appellant filed written statement of defence on 19th September 2013, eleven days before judgment was delivered on 30th September 2013. The trial court decreed in favour of the respondent, finding the appellants were trespassers. The appellants appealed.

Issues

  1. Whether the trial Magistrate erred in law and in fact when she failed to properly evaluate evidence available thereby reaching a wrong decision.
  2. Whether the trial Magistrate erred in law when she held that the Appellants are trespassers on the subject land.
  3. Whether the trial Magistrate erred in law and in fact when she 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 awarded to the respondent.

Rules and key headnotes

Civil Procedure — Default Proceedings — Locus Standi — Effect of Failure to Enter Appearance or File Defence
Where parties fail to enter appearance or file defences despite being given opportunity to do so, they put themselves out of court and have no locus standi before it, and cannot later complain that they were condemned unheard.
Civil Procedure — Ex Parte Proceedings — Order 9 Rule 10 — Procedural Irregularity Not Fatal Where Evidence Supports Finding
A procedural error in entering judgment without indicating the law under which it was done, where counsel had prayed to proceed under Order 9 rule 10 of the Civil Procedure Rules, is not fatal to the entire proceedings where there is evidence to support the trial court's substantive finding.
Civil Procedure — Locus in Quo — Participation of Parties Without Locus Standi
It is irregular for a trial court to allow parties to participate at locus proceedings where those parties had no locus standi before the court and had filed no evidence to clarify.
Civil Procedure — Appeals — First Appeal — Duty of Appellate Court to Re-evaluate Evidence
On a first appeal, the appellate court has a duty to subject the entire evidence on record to exhaustive scrutiny, re-evaluate it, and make its own conclusion while bearing in mind that it never observed the demeanour of the witnesses.
Civil Procedure — Miscarriage of Justice — Requirement to Show Prejudice
A miscarriage of justice occurs where there has been misdirection by the trial court on matters of fact relating to evidence tendered or where there has been unfairness in the conduct of the trial resulting in an error being made. Parties must show how procedural irregularities occasioned prejudice to their case.

Legislation cited (1)

  • Civil Procedure Rules O.9 r.10

Cases cited (8)

  • Fr. Nasensio Begumisa & 3 Others v Eric Kibebaga (Supreme Court Criminal Appeal No. 17 of 2002)
  • Chepteka Samuel v Mangusho Shadrick (High Court Civil Appeal No. 6 of 2016)
  • Kifamunte Henry v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • Augustine Kiiza v Katusabe Vicent (High Court Civil Appeal No. 60 of 2013)
  • Kalyesubula Fenekansi v Luwero District Land Board & 2 Others (Miscellaneous 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. 01 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_48_(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.