Wakilii

Makonya Properties Ltd v Attorney General (Civil Suit No 735 of 2007)

High Court · [2013] UGHCLD 72 · 2013 Judgment for Plaintiff — Damages Awarded AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for general damages arising from delayed return of certificate of title by government officials
Decision
Judgment entered for the plaintiff with general damages and costs awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiff was entitled to general damages of UGX 80,000,000 for loss of income and inconvenience suffered during the nine-year period when government officials unlawfully retained the plaintiff's certificate of title after taking compensation for a road expansion project. The government's vicarious liability was established where the plaintiff proved on a balance of probabilities that it was denied use of its land and suffered business losses due to inability to use the title as security for renovations. Costs awarded to the plaintiff but interest on costs denied where not specifically pleaded or proved.

Outcome

Judgment entered for the plaintiff with general damages and costs awarded

Facts

The plaintiff company held certificate of title for property in Namirembe. In May 2003, Ministry of Works officials requested the title for subdivision purposes after acquiring 0.0083 hectares for the Bakuli-Nateete road project. The plaintiff received compensation of UGX 5,347,500 and handed over the title on 22 May 2003. Despite repeated requests and letters in 2005 and 2006, the ministry failed to return the certificate of title. A 2007 land registry search revealed no subdivision had been made. The plaintiff could not use the title as security to renovate its hotel building in preparation for the Commonwealth Heads of State Conference. The building became dilapidated, forcing the plaintiff to charge lower room rates. The certificate of title was eventually returned on 23 April 2012, nine years after it was handed over. The defendant never filed a defence but participated in a scheduling conference agreeing to basic facts.

Issues

  1. Whether the plaintiff is entitled to general damages?
  2. What other remedies are available to the plaintiff?

Orders

  • Judgment entered for the plaintiff against the defendant.
  • General damages of UGX 80,000,000 awarded to the plaintiff.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Tort Law — Vicarious Liability — Government Liability for Acts of Ministry Officials
The government is vicariously liable for the wrongful acts of its ministry officials where they unlawfully retain a landowner's certificate of title beyond the period necessary for a legitimate public purpose.
Damages & Quantum — General Damages — Loss of Use and Income
General damages are recoverable for loss of income and business opportunities where a plaintiff is denied use of their certificate of title for an extended period and consequently cannot use the title as security to obtain financing for business improvements.
Damages & Quantum — Measure of Damages — Compensatory Principle
The object of damages is to put the plaintiff in the position he would have been in had he not suffered the wrong. Damages comprise pecuniary losses such as loss of business profit and income, and non-pecuniary losses such as inconvenience and humiliation.
Civil Procedure — Ex Parte Proceedings — Burden of Proof
Where a defendant does not appear at hearing and the court proceeds ex parte under Order 9 rule 20 CPR, the burden on the plaintiff to prove the case to the requisite standard of balance of probabilities remains unchanged.
Civil Procedure — Pleadings — Prayers Not Pleaded Cannot Be Granted
A court cannot grant prayers that have not been pleaded by the plaintiff or prayed for in sworn testimony. Interest on damages or costs must be specifically pleaded and proved before it can be awarded.

Legislation cited (3)

Cases cited (7)

  • Yoswa Kityo v Eriya Kaddu [1982] HCB 58
  • Kampala District Land Board and George Mitala v Venansio Babweyana (Supreme Court Civil Appeal No. 2 of 2007)
  • Dian GF International Ltd v Damco Logistics Ltd and Trantrack (High Court Civil Suit No. 161 of 2010)
  • Dennis Lwamafa v Attorney General [1992] KALR 21
  • Rober Coussens v Attorney General (Supreme Court Civil Appeal No. 8 of 1999)
  • A.K.P.M. Lutaaya v Attorney General (Court of Appeal Civil Appeal No. 2 of 2005)
  • Uganda Revenue Authority v Wanume David Kitamirike (Court of Appeal Civil Appeal No. 43 of 2010)

Full judgment

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

Makonya Properties Ltd v Attorney General (Civil Suit No 735 of 2007) [2013] UGHCLD 72 (11 July 2013)
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.