Wakilii

Mubanda v Uganda Consolidated Properties Limited and Another (Civil Suit No. 317 of 2013)

High Court · [2023] UGHCLD 4 · 2023 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of trespass, mesne profits, and damages following expiry of lease
Decision
Judgment entered for the Plaintiff against the 2nd Defendant with declarations, mesne profits, general damages, interest, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a lessee who purports to purchase property from a lessor who had no legal or equitable interest in the land acquires no valid interest. Where a lease for a definite term expires and the lessee continues in occupation without authorization or renewal, the lessee becomes a trespasser and possession automatically reverts to the lessor. The 2nd Defendant, having occupied the suit property from January 2013 to March 2020 after the lease expired without consent or payment of rent, was held to be a trespasser. The plaintiff was awarded mesne profits and general damages.

Outcome

Judgment entered for the Plaintiff against the 2nd Defendant with declarations, mesne profits, general damages, interest, and costs

Facts

The plaintiff entered into a lease agreement with Uganda Consolidated Properties Ltd (in liquidation) on 10 June 2002 following a consent judgment in Civil Suit No. 43 of 1998 declaring her the lawful owner of land comprised in LRV 3032 Folio 23. The lease was to run for 49 years from 1 January 1964. The 2nd defendant claimed he purchased the property from the 1st defendant on 26 February 2001 and that the lease was assigned to him. The plaintiff contended she never consented to any assignment. The lease expired on 1 January 2013. The plaintiff demanded vacant possession but the 2nd defendant remained in occupation until March 2020 without paying rent. A consent judgment was entered between the plaintiff and the 1st defendant during the pendency of the suit, with the 1st defendant admitting it had no interest in the property.

Issues

  1. Whether the 2nd Defendant is a trespasser on the suit property.
  2. What remedies are available to the parties?

Orders

  • A declaration is hereby granted that the 2nd Defendant was a trespasser on the suit land from January 2013 to March 2020.
  • The Plaintiff is awarded UGX 300,000,000 (Uganda Shillings Three Hundred Million) as mesne profits with interest of 25% from the date of filing till payment in full.
  • The Plaintiff is awarded UGX 50,000,000 (Uganda Shillings Fifty Million) as general damages with interest of 6% from the date of judgment.
  • Costs of the suit are awarded to the Plaintiff.

Rules and key headnotes

Land & Property — Leases — Assignment — Requirement of Lessor's Consent
A lessee may not assign, underlet, sell or part with possession of demised premises without the written consent of the lessor where the lease agreement expressly requires such consent. Any purported transfer in contravention of this provision is null and void.
Land & Property — Leases — Expiry — Automatic Reversion of Possession
Once a lease for a definite term expires, the lessee or tenant ceases to have any legal right on the property and possession automatically reverts back to the lessor. Continued occupation after expiry without authorization constitutes trespass.
Contract Law — Sale of Property — Nemo Dat Quod Non Habet
A person cannot sell what does not belong to him or her. Where a purported vendor has no legal or equitable interest in property, a purchaser from that vendor acquires no valid interest in the property.
Tort Law — Trespass to Land — Elements of Proof
To prove trespass to land, a plaintiff must establish that the disputed land belonged to him, that the defendant entered upon that land, and that the entry was unlawful in that it was made without permission or that the defendant had no claim or interest in the land.
Damages & Quantum — Mesne Profits — Assessment
Mesne profits are assessed at the amount of rent where the rent represents the fair value of the premises. If the real value is higher than the rent, mesne profits must be assessed at the higher value. Mesne profits include those profits which the person in wrongful possession actually received or might with ordinary diligence have received, together with interest, but exclude profits due to improvements made by the person in wrongful possession.

Legislation cited (1)

Cases cited (7)

  • Lutaya v Stirling Civil Engineering Co Ltd (Supreme Court Criminal Appeal No. 11 of 2002)
  • Lubowa v Kitaka Enterprises (Civil Appeal No. 4 of 1987)
  • Musoke v Samu Investments Ltd (Court of Appeal Civil Appeal No. 85 of 2003)
  • Kekitiinwa and 3 Others v Wakida (Court of Appeal Civil Appeal No. 03 of 1997)
  • Zimbiha v Attorney General (High Court Civil Suit No. 109 of 2011)
  • Clifton Securities Ltd v Huntley and Others [1948] 2 All ER 283
  • Kibimba Rice Ltd v Salim (Supreme Court Civil Appeal No. 17 of 1992)

Full judgment

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

Mubanda_v_Uganda_Consolidated_Properties_Limited_and_Another_(Civil_Suit_No._317_of_2013)_[2023]_UGHCLD_4_(16_January_2023)
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.