Wakilii

Kusemererwa and Another v Okwiri (HCT-01-LD-CA 24 of 2022)

High Court · [2024] UGHC 1091 · 2024 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court judgment in land ownership dispute
Decision
Appeal allowed in part — Respondent declared owner of suit land; 1st appellant declared trespasser; 2nd appellant's liability set aside

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Respondent was the lawful owner of the suit land, having purchased it from David Kalenzi in 1990 under a valid recurring tenancy agreement with Fort Portal Municipal Council. The 1st appellant acquired no valid title from George Nyaika, who never owned the land and had fraudulently sold it. The appeal succeeded only as to the 2nd appellant, who was found not to be a trespasser.

Outcome

Appeal allowed in part — Respondent declared owner of suit land; 1st appellant declared trespasser; 2nd appellant's liability set aside

Facts

The Respondent purchased suit land from David Kalenzi in November 1990 for UGX 840,000 under a valid tenancy agreement with Fort Portal Municipal Council and left it under the care of Adyeeri Winfred Kaijamurubi. The Respondent's brother George Nyaika fraudulently sold the same land to the 1st appellant in 1997/1998, despite having no ownership rights. Nyaika later admitted in writing that the land was not his and offered to refund the purchase money. The 1st appellant subsequently sold the land to Eunice Rufunda in 2015. In 2016, when the Respondent fenced the land, the 2nd appellant reported him to police for criminal trespass. The trial court found for the Respondent and declared both appellants trespassers.

Issues

  1. Whether the trial Magistrate erred in finding that the Respondent was the rightful owner of the suit land.
  2. Whether the trial Magistrate erred in finding that the appellants were trespassers on the suit land.
  3. Whether the trial Magistrate erred in entertaining a matter that was time-barred under the Limitation Act.
  4. Whether the Respondent lawfully acquired title from David Kalenzi who held a tenancy agreement.
  5. Whether the trial Magistrate properly evaluated the evidence on record.

Orders

  • The Respondent's claim against the 2nd appellant is dismissed.
  • Costs awarded to the 2nd appellant in both the High Court and the court below.
  • The 1st appellant shall meet the Respondent's costs of this appeal and in the court below.

Rules and key headnotes

Land Ownership — Title Transfer — Nemo Dat Quod Non Habet Principle
A person cannot pass on a better title than he or she possesses, and a purchaser who acquires land from a seller with no valid title acquires no legal interest in that land.
Tenancy Agreements — Recurring Tenancies — Duration and Termination
A tenancy agreement providing for an initial term with automatic yearly renewal until terminated by either party upon six months' notice creates a recurring tenancy that continues beyond the initial term until properly terminated, and a tenant under such an agreement retains valid interest capable of being transferred during the renewal period.
Limitation — Continuing Trespass — Fresh Cause of Action
Trespass is a continuing tort and any continued stay or renewed act by a trespasser gives a fresh cause of action, such that limitation does not bar an action where the trespass occurred within twelve years of filing suit.
Sale of Land — Fraudulent Sale by Non-Owner — Validity
A transaction for the sale of land by a person who has no legal title or ownership interest in that land is illegal, null and void for want of title, regardless of the good faith of the purchaser.
Appellate Review — First Appeal — Duty of Re-evaluation
On first appeal, the appellate court must subject the evidence to fresh and exhaustive scrutiny and re-appraisal, weighing each party's evidence while recognizing it did not observe witness demeanor.

Legislation cited (3)

Cases cited (8)

  • Father Nanensi Begumisa and 3 Others v Eric Tiberaga (SCCA No. 17 of 2000)
  • Uganda Breweries v Uganda Railways Corporation 2002 E.A
  • Odyek Alex and Another v Gena Yokonani (Civil Appeal No. 09 of 2017)
  • Kasoya Justine and Another v William Kaija and 3 Others (Civil Suit No. 6 of 2015)
  • Justine E.M.N. Lutaya v Stirling Civil Engineering Company Ltd (UGSC No. 39 of 2003)
  • Uganda Revenue Authority Vs Uganda Consolidated Properties Ltd (1997-2001) UCL 149
  • Francis Nansio Michael Vs Nuwa Walakira (1993) VI KALR 14
  • George Ojwang v Wison Bagonza (Court of Appeal Civil Appeal No. 25 of 2002)

Full judgment

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

Kusemererwa and Another v Okwiri (HCT-01-LD-CA 24 of 2022) [2024] UGHC 1091 (14 November 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.