Wakilii

Massner and Another v Kayolo [2025] UGHC 251

High Court · 2025 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for fraud, illegal construction, trespass, and encroachment on land
Decision
Judgment entered for the Plaintiffs with orders for production of purchase agreement, general damages totalling UGX 25,000,000, demolition of illegal structures, and permanent injunction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Defendant, acting as project supervisor for his sister's building project, fraudulently misappropriated land intended for a septic tank and latrine, registering it in his own name and constructing a building on it. The court found this constituted both fraud and trespass. The Defendant's claim that he was entitled to the land as repayment for money advanced was rejected. The court ordered production of the original purchase agreement, awarded general damages totalling UGX 25,000,000, ordered demolition of the illegally constructed structures, and granted a permanent injunction against further encroachment.

Outcome

Judgment entered for the Plaintiffs with orders for production of purchase agreement, general damages totalling UGX 25,000,000, demolition of illegal structures, and permanent injunction

Facts

The Plaintiffs, a married couple living in Europe, entrusted the 1st Plaintiff's brother (the Defendant) to purchase land in Uganda and supervise construction of apartments. In 2015, the 1st Plaintiff sent UGX 23,000,000 for purchase of land measuring 100ft X 50ft at Kazo Angola. The Defendant purchased land measuring 90ft X 50ft and signed the agreement on behalf of his sister. The Defendant later purchased additional smaller parcels, ostensibly for a septic tank and latrine for the Plaintiffs' building. The Plaintiffs sent approximately UGX 600,000,000 in instalments for construction. Instead of installing the septic facilities on the additional land, the Defendant registered two parcels in his own name and constructed a building for himself, with part of the structure encroaching on the Plaintiffs' land. The Defendant's tenants used the Plaintiffs' parking space and accessed the upper floors via stairs on the Plaintiffs' property. A settlement agreement in May 2019 requiring the Defendant to construct the septic facilities and produce the original sale agreement was not honoured.

Issues

  1. Whether the Defendant fraudulently and illegally constructed on part of the Plaintiffs' land.
  2. Whether the Defendant is a trespasser on the Plaintiffs' land.
  3. What remedies are available to the parties.

Orders

  • An order that the Defendant produce the purchase agreement for land measuring 90ft X 50ft land at Kazo Angola in favour of the Plaintiffs.
  • General damages of UGX 15,000,000 for illegal construction.
  • General damages for encroachment and trespass of UGX 10,000,000.
  • An order for demolition of the illegally constructed structures on the Plaintiffs' land.
  • An order of permanent injunction against further illegal construction, encroachment and trespass.
  • Costs of the suit awarded to the Plaintiffs.

Rules and key headnotes

Fraud — Definition and Elements — Intentional Perversion of Truth
Fraud is an intentional perversion of the truth by a person for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or her or to surrender a legal right. It is a false representation of a matter of fact whether by words or by conduct, by false or misleading allegations or concealment of that which deceives and it is intended to deceive another so that he or she shall act upon it to his or her legal injury.
Fraud in Land Transactions — Misappropriation by Agent or Supervisor
Where a person entrusted as project supervisor for a building project purchases additional land ostensibly for essential facilities (septic tank and latrine) but instead registers the land in his own name and constructs a building for personal benefit, such conduct constitutes fraud amounting to illegal construction on the principal's land.
Trespass to Land — Definition and Elements
Trespass to land occurs when a person makes an unauthorised entry upon land and thereby interferes or portends to interfere with another person's lawful possession of that land. The tort of trespass to land is committed not against the land but against the person who is in actual or constructive possession of the land.
Trespass to Land — Self-Help and Revenge — Impermissible
A person who believes he has been cheated or wronged in a land transaction may not take matters into his own hands by entering and taking possession of land as an act of revenge. Courts of law exist to avoid situations where citizens arbitrarily take matters into their own hands, and lawful steps must be taken to remedy any perceived injustice.
Special Damages — Pleading and Proof — Documentary and Verbal Evidence
Special damages must be pleaded and proved. While special damages need not always be proved by production of documentary evidence and cogent verbal evidence can also suffice, the evidence must establish a clear nexus between the claimed expenditure and the wrong complained of.

Cases cited (3)

Full judgment

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

Massner and Another v Kayolo 2025 UGHC 251 (30 April 2025)
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.