Wakilii

Lovinsa Namuyiga and Another v Attorney General (Civil Suit No. 766 of 2018)

High Court · [2026] UGHCLD 36 · 2026 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for trespass and compensation arising from alleged unlawful occupation of land by government road infrastructure
Decision
Suit dismissed for failure to prove ownership or lawful possession of the suit land

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiffs failed to prove ownership or lawful possession of the suit land because their certificate of title and supporting documents were marked for identification only and never formally exhibited as evidence. Documents marked for identification have no probative value. The burden of proof remained on the plaintiffs and did not shift to the defendant despite the defendant adducing no evidence. Without proof of ownership or possession, trespass could not be established. Suit dismissed with each party bearing own costs.

Outcome

Suit dismissed for failure to prove ownership or lawful possession of the suit land

Facts

The plaintiffs, as administrators of the estate of the late Eliphaz Matovu, claimed to be registered proprietors of land comprised in Singo Block 161 Plot 3008 measuring approximately 20.4735 hectares at Bamunanika in Mityana District. They alleged that the defendant, without authority, consent, or compensation, entered the suit land and constructed the Mityana-Mubende Highway thereon. PW1 testified that the land originally belonged to their grandfather and was subsequently given to their father before being registered in the plaintiffs' names in 2012 as administrators. She stated that the defendant trespassed before 2012 during road construction and that neither their predecessor nor the plaintiffs received compensation. The defendant denied the claim and did not adduce evidence. The plaintiffs produced a certificate of title, boundary opening report, and valuation report, but all were marked for identification only and never formally exhibited.

Issues

  1. Whether the Defendant trespassed onto the suit land.
  2. What remedies are available to the parties.

Orders

  • Suit dismissed.
  • Each party shall bear its own costs.

Rules and key headnotes

Evidence — Documentary Evidence — Documents Marked for Identification — Probative Value
Documents marked for identification do not constitute evidence until they are formally tendered and admitted as exhibits, and have no probative value in the absence of formal admission.
Evidence — Burden of Proof — Failure to Discharge Burden — Effect of Defendant Not Adducing Evidence
Where a plaintiff fails to discharge the burden of proof, that burden does not shift to the defendant merely because the defendant adduced no evidence. The plaintiff must prove their case on a balance of probabilities regardless of whether the defendant calls evidence.
Land Law — Certificate of Title — Conclusive Evidence — Requirement of Formal Admission
A plaintiff cannot rely on the conclusive evidence provisions of the Registration of Titles Act where the certificate of title was marked for identification only and not formally exhibited in evidence.
Tort Law — Trespass to Land — Elements — Proof of Ownership or Lawful Possession
To succeed in an action for trespass to land, a plaintiff must prove ownership or lawful possession of the land and that the defendant made unauthorised entry onto it. Failure to prove ownership or possession is fatal to a trespass claim.
Civil Procedure — Costs — Discretion of Court — Each Party Bearing Own Costs
Although costs ordinarily follow the event, the court may in the interest of fairness order each party to bear its own costs where the plaintiff's claim fails but the defendant adduced no evidence.

Legislation cited (6)

Cases cited (6)

  • Justine E. M. N. Lutaya v Stirling Civil Engineering Company Limited (Supreme Court Civil Appeal No. 11 of 2002)
  • Lugazi Progressive School & anor. Vs Serunjogi & anor. (2001-2005) HCB Vol. 2 at page 121
  • Wamara v Mugas and 11 Others (Civil Suit No. 17 of 2017)
  • Nalujja Federesi v Katibe Nkonge Paul and 2 Others (Miscellaneous Application No. 197 of 2023)
  • Theophil Mbilinyi Vs Ivanune Jeru Mbilinyi Misc Civil Revision No. 03 of 2023, High Court of the United Republic of Tanzania
  • Kirya Robert v Uganda (Criminal Appeal No. 50 of 2016)

Full judgment

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

Lovinsa_Namuyiga_and_Another_v_Attorney_General_(Civil_Suit_No._766_of_2018)_[2026]_UGHCLD_36_(18_February_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.