Wakilii

Kume v Kirya (Civil Appeal 119 of 2019)

High Court · [2024] UGHC 1107 · 2024 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Kibuku Chief Magistrate Court dismissing plaintiff's suit for recovery of land
Decision
Trial court judgment set aside; appellant permitted to occupy land for life; land to revert to family of late Matayo Kimungha upon appellant's death

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court struck out four grounds of appeal as too general for not challenging the ratio decidendi. The appeal partially succeeded: the trial court judgment was set aside; the court declared that neither the appellant nor respondent held legal or equitable interest in the land; the appellant, aged 76 and born on the land, was permitted to remain in occupation for life, after which the land reverts to the family of late Matayo Kimungha. Each party to bear own costs.

Outcome

Trial court judgment set aside; appellant permitted to occupy land for life; land to revert to family of late Matayo Kimungha upon appellant's death

Facts

The appellant sued to recover approximately 10 acres of land, claiming her late father Mudenya Ernest acquired it from Kimungha Matayo who died in 1946. The appellant, born in 1942, claimed continuous occupation since birth. The respondent contended that the late Mudenya Ernest was a Munyole by tribe who came to the land as a licensee after his sister Namugosa Mendera married Kimungha Matayo; that after Mudenya Ernest's death the appellant and siblings relocated to Bunyole and the appellant only returned in 2015 after attending a burial. The trial magistrate dismissed the suit, finding the appellant failed to prove the land was given to her late father. The respondent claimed he was brought onto the land as a caretaker to look after family members including Mendera Namugosa and others. No documentary evidence of any land transfer or formal allocation to either party was produced.

Issues

  1. Whether grounds of appeal that are too general and do not challenge the ratio decidendi should be struck out.
  2. Whether the trial magistrate erred in failing to declare to whom the suit land belongs.
  3. Whether the trial magistrate erred in finding that the plaintiff's evidence of continued occupation was contradictory.
  4. Whether the trial magistrate erred in dismissing the suit with costs.
  5. Whether the trial magistrate erred in finding that the plaintiff failed to prove that late Matayo Kimungha gave the suit land to the plaintiff's late father.

Orders

  • Grounds 1, 2, 3, and 4 of the memorandum of appeal are struck off the court record for offending the provisions of Order 43 rule 2 of the Civil Procedure Rules.
  • The appeal partially succeeds.
  • The trial court's judgment and orders are set aside.
  • It is declared that neither the Appellant nor the Respondent has equitable or legal interest in the suit land.
  • The appellant shall stay in the house and use the piece of land she has been using for her lifetime.
  • Upon the appellant's passing, the said land and house shall revert to the family of the late Matayo Kimungha.
  • Each party shall bear its own costs for this court and for the court below.

Rules and key headnotes

Civil Procedure — Grounds of Appeal — Requirement for Specificity
Grounds of appeal must be concise, set forth under distinct heads, and specifically point out errors of law or fact. Grounds that are too general, do not challenge the ratio decidendi, and allow the appellant to go on a fishing expedition will be struck out.
Evidence — Burden of Proof — Facts Especially Within Knowledge of Party
Where a fact is especially within the knowledge of any person, the burden of proving that fact lies upon that person. A party claiming land was officially handed over to him and that a document evidencing the transfer exists must produce that document to discharge the burden of proof.
Land & Property — Title and Possession — Suit for Declaration of Title
In a suit for declaration of title and possession, a person in possession of property assumes the character of an owner and has a legal right against the entire world except the rightful owner. A person in possession is entitled to protect that possession unless the person seeking to dispossess them has a better legal right in the form of ownership or entitlement to possession.
Land & Property — Caretakers — Rights and Powers
A caretaker of land who was brought onto the property to help with domestic chores does not possess legal or equitable interest in the land. The caretaker's powers are limited to taking care of the land and protecting it from trespassers; the caretaker has no right to chase away family members born on the land.
Land & Property — Life Interest — Equity and Compassion
Where neither party establishes legal or equitable title to land, but one party was born on the land and is of advanced age, the court may in the interests of justice grant that party a life interest to remain in occupation, with the land reverting to the rightful family upon that party's death.

Legislation cited (4)

Cases cited (8)

  • Fr. M. Begumisa & Ors v E. Tibegana (Supreme Court Civil Appeal No. 17 of 2003)
  • Byebiroha Protazi v Bajungu Aida & Anor (High Court Civil Appeal No. 37 of 2020)
  • Fredrick K.K Zaabwe v Orient Bank Ltd & Others (Supreme Court Civil Appeal No. 4 of 2006)
  • National Insurance Corporation v Pelican Air Services (Civil Appeal No. 15 of 2003)
  • Stetico v Noble Builders (U) Ltd (Supreme Court Civil Appeal No. 31 of 1995)
  • Arim Felix Clive v Stanbic Bank (U) Ltd (Court of Appeal Civil Appeal No. 101 of 2013)
  • Civil Appeal No. 722 of 2016 Government of Goa through the Chief Secretary V. Maria Juietta D'souza D & Others
  • Debbarma (Dead) Through Legal Representative V. Prabha Ranjan Debbarma and Others, 2023 SCC

Full judgment

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

Kume v Kirya (Civil Appeal 119 of 2019) [2024] UGHC 1107 (12 December 2024)
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.