Wakilii

Kodet Anthony (Administrator of the Estate of the Late Lochoro John) v Longok John (CIVIL APPEAL NUMBER 004 OF 2024)

High Court · [2026] UGHC 387 · 2026 Appeal Allowed — Matter Remitted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court decision dismissing land trespass claim
Decision
Matter remitted to Chief Magistrate's Court Moroto for retrial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court allowed the appeal and set aside the trial magistrate's judgment declaring the disputed land to be public land. The court found that no record of the locus in quo visit existed in the file, contrary to procedural requirements. The matter was remitted to the Chief Magistrate's Court for retrial, with directions to clearly delineate the boundaries and size of the land.

Outcome

Matter remitted to Chief Magistrate's Court Moroto for retrial

Facts

The appellant, as administrator of his late father's estate, sued the respondent in the Chief Magistrate's Court claiming general damages for trespass, mesne profits, eviction and permanent injunction over land at Kasile Village, Iriiri Sub-County, Napak district measuring approximately 6 gardens. The appellant's evidence was that his father settled on the land in the 1980s following the fall of Idi Amin's regime and occupied it unchallenged. The respondent claimed he obtained permission from local government to use the land in 1993 and planted various crops on 10 acres. The trial magistrate declared the land to be public land and awarded costs to the respondent. The appellant appealed on grounds that the trial magistrate erred in finding he was not a bonafide occupant under the Land Act and that the respondent was not a trespasser.

Issues

  1. Whether the learned trial Chief Magistrate erred in law and fact when he held that the appellant was not a bonafide occupant under Section 29(2) of the Land Act.
  2. Whether the learned trial Chief Magistrate erred in law and fact when he concluded that the respondent was not a trespasser.

Orders

  • Appeal allowed.
  • The description of the land in dispute as 'gardens' is unclear and there is need to clearly delineate the boundaries and size of the land.
  • The Judgment and Decree of the Trial Magistrate in respect of the suit land situate at Kasile Village, Iriiri Parish, Iriiri Sub-County, Napak district are set aside and substituted with this Judgment.
  • This case is referred back for retrial before the Chief Magistrates Court Moroto.
  • Each party bears their own costs.

Rules and key headnotes

Civil Procedure — Locus in Quo — Mandatory Recording of Proceedings
Where a trial court conducts a locus in quo visit but fails to record the proceedings as required by Order 18 rule 14 of the Civil Procedure (Amendment) Rules 2019 and Practice Direction No. 1 of 2007, the omission constitutes a procedural irregularity warranting remittal for retrial.
Civil Procedure — Appeals — Duty of First Appellate Court
A first appellate court has a duty to independently re-evaluate the entire record to determine whether the trial court's decision was supported by evidence and law and whether any miscarriage of justice occurred, while bearing in mind that it did not observe the demeanor of witnesses.
Land & Property — Bonafide Occupancy — Requirements Under Land Act
Under Section 29(2)(a) of the Land Act, a person who occupied and utilized land unchallenged by the registered owner for twelve years or more before the coming into force of the 1995 Constitution qualifies as a bonafide occupant.

Legislation cited (6)

Cases cited (3)

  • Fredrick Zaabwe v Orient Bank & 5 Others (Supreme Court Civil Appeal No. 4 of 2006)
  • Uganda National Roads Authority v Irumba Asumani & Peter Magelah (Supreme Court Constitutional Appeal No. 2 of 2014)
  • Omito & 5 Others v Attorney General (High Court Civil Suit No. 73 of 2004)

Full judgment

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

Kodet Anthony (Administrator of the Estate of the Late Lochoro John) v Longok John (CIVIL APPEAL NUMBER 004 OF 2024) [2026] UGHC 387 (25 March 2026)
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.