Wakilii

Lubega v Namwandu Robina Ntege (CIVIL APPEAL NO. 80 OF 2009)

High Court · [2017] UGHCCD 162 · 2017 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court dismissal of trespass and eviction claim
Decision
Appeal dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the trial magistrate correctly dismissed the appellant's claim for trespass and eviction from a lock-up shop. The evidence demonstrated that the respondent's late husband had constructed the suit lock-up shop to a usable state and was the rightful owner. The primary witness for the appellant lacked credibility due to significant contradictions in testimony, and documentary evidence from the market management company supported the respondent's ownership claim.

Outcome

Appeal dismissed with costs to the respondent

Facts

The appellant claimed ownership of lock-up shop No. 70B2 in Natete market, allegedly allocated to him in December 1999 by the Natete Market Development Steering Committee for UGX 2,500,000. At the time of allocation, the late John Ntege was already in physical occupation of the shop. The appellant sued the late Ntege and his tenant for trespass and eviction. The respondent, the widow and administrator of the late Ntege's estate, claimed that her late husband had built the lock-up shop (identified as No. 70D) in 1999 and had been in physical occupation since 2000. The Chairman of the Committee (PW1) testified that he had allocated the space to the late Ntege in 1999 after being approached by Ntege's father, and later sold the same shop to the appellant. A builder testified that both PW1 and the late Ntege had contributed to construction, with the late Ntege completing the shop to a usable state. The Chief Magistrate dismissed the appellant's claim, finding the late Ntege was the owner and not a trespasser.

Issues

  1. Whether the trial Magistrate properly evaluated the evidence on record and thereby reached the correct decision.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — First Appellate Court — Duty to Re-evaluate Evidence
On a first appeal, the parties are entitled to obtain from the appellate court its own decision on issues of fact as well as of law. Although the appellate court must make due allowance for the fact that it has not seen or heard the witnesses, it must weigh conflicting evidence and draw its own inferences and conclusions.
Evidence — Credibility of Witnesses — Assessment of Contradictory Testimony
Where a witness gives contradictory evidence within his own testimony and his evidence conflicts with that of another witness for the same party, and where the witness dealt with both parties and chose to testify for one against the other, the court may find that the witness lacks credibility and exercise caution in relying on any part of his testimony.
Land & Property — Market Stalls and Lock-up Shops — Ownership Disputes
In circumstances where a market management system required people to pay for construction of lock-up shops, and where evidence demonstrates that a party contributed to construction, completed the lock-up to a usable state, and entered into possession, it is more believable that the party paid for and was allocated the lock-up shop or constructed it for himself, rather than that he was merely a tenant.
Evidence — Documentary Evidence — Weight of Official Records
Where a company was in charge of management of a market and issued official documentation identifying a lock-up shop and its owner, the court may prefer such documentary evidence over contradictory oral testimony, particularly where the oral testimony comes from a witness whose credibility has been impeached.

Cases cited (2)

  • Father Nanensio Begumisa and 3 Others v Eric Tiberaga (SCCA No. 17 of 2004)
  • F K Zabwe v Orient Bank and Others (SCCA No. 4 of 2006)

Full judgment

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

Lubega v Namwandu Robina Ntege (CIVIL APPEAL NO. 80 OF 2009) [2017] UGHCCD 162 (22 June 2017)
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.