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Muganwa Kajura ( suing through his lawful attorney regina kajura ) v Uganda Land Commission and Another (Misc Cause No. 25 of 2022)

High Court · [2022] UGHCCD 214 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by Notice of Motion seeking compensation for land occupied by squatters settled by government agents
Decision
Application allowed; respondents ordered to pay UGX 12 billion compensation with 10% interest per annum from judgment until full payment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held: the donee of a power of attorney to defend a suit may institute an application for compensation incidental to enforcing consent settlement rights. A cause of action is disclosed where government agents settle squatters on registered land and erect permanent structures, depriving the owner of use without compensation. Presidential and ministerial acknowledgments of entitlement to compensation estop denial and create legitimate expectation. Compensation awarded at UGX 12 billion based on private valuation unrebutted by respondents.

Outcome

Application allowed; respondents ordered to pay UGX 12 billion compensation with 10% interest per annum from judgment until full payment

Facts

The applicant is registered owner of approximately 982.5560 hectares under leasehold tenure. From 1986, squatters accessed the land and government agents erected permanent structures including schools, a health centre, and sub-county offices. The applicant applied for compensation under the Land Fund. The President wrote in March 2021 directing immediate processing of compensation. The Permanent Secretary undertook to survey and value the land in April and May 2021 but no valuation report was provided. The applicant had been sued by squatters in Civil Suit No. 64 of 2018 and settled the matter on terms recognizing squatters' interests subject to his compensation by the respondents. The applicant retained private valuers who assessed the property at UGX 12 billion.

Issues

  1. Whether the applicant's attorney acted outside her powers to institute this application.
  2. Whether the application discloses a cause of action against the respondents.
  3. Whether the application is time barred.
  4. Whether the applicant is entitled to compensation for land occupied by squatters settled by government agents.
  5. What is the fair market value of the compensation due to the applicant.

Orders

  • The Respondents jointly and/or severally pay the Applicant a sum of UGX 12,000,000,000/= (Twelve Billion Uganda Shillings Only) being compensation for the Applicant's land comprised in LRV 2836 FOLIO 17 Buruli Block 10 Plot 66 measuring approximately 982.5560 hectares.
  • The payment in (i) shall carry interest at a rate of 10% per annum from the date of judgment until payment in full.
  • Each party to bear their respective costs of this application.

Rules and key headnotes

Power of Attorney — Scope of Authority — Incidental Powers to Institute Proceedings
Where a power of attorney authorizes a donee to defend a suit concerning land, the power to institute a subsequent application to enforce compensation rights arising from a consent settlement in that suit is incidental to the authority granted and will be implied.
Power of Attorney — Construction — Donor Suing Through Agent
A power of attorney is not invalidly exercised where the donee institutes proceedings in the donor's name and for the donor's benefit; the donee acts as agent of the donor, and proceedings in the donee's own name would be fundamentally irregular.
Compensation for Land — Cause of Action — Government Settlement of Squatters
A cause of action for compensation is disclosed where a registered proprietor is deprived of the use of land by squatters settled by government agents and by permanent government structures erected on the land without the owner's consent and without compensation.
Promissory Estoppel — Legitimate Expectation — Government Promises of Compensation
Where government makes clear and unequivocal representations through presidential directive and ministerial correspondence that a landowner will be compensated, and takes steps to survey and value the land, the government is estopped from denying liability and the landowner has a legitimate expectation of receiving compensation.
Limitation — Acknowledgment of Debt — Time Bar Negated
An acknowledgment of liability in correspondence constitutes a clear, distinct and unequivocal admission that negates a plea of limitation; where government admitted liability to pay compensation in 2021, a subsequent claim cannot be said to be time barred.
Valuation Evidence — Private Valuer's Report — Uncontested Valuation
Where a private valuer's report is tendered in evidence and the respondent neither contests the valuation nor provides a contrary report from the Chief Government Valuer, the court may accept the private valuation as representing the fair current market value of the land.
Compensation — Government Occupation — Benefit Without Payment
Common law will not allow government to retain the benefit of occupying registered land and erecting permanent structures thereon without compensating the registered proprietor, notwithstanding the subsistence of the proprietor's lease.

Legislation cited (11)

Cases cited (20)

  • Samwiri Mussa v Rose Achen (Civil Appeal No. 3 of 1976)
  • Gold Trust Bank (U) Ltd v Josephine Zalwango Nsimbe (Civil Suit No. 226 of 1992)
  • Fredrick J.K Zaabwe v Orient Bank and Another (Supreme Court Civil Appeal No. 04 of 2006)
  • Kajubi v Kayanja [1967] EA 301
  • Fredrick JK Zaabwe v Orient Bank and 4 Others (Supreme Court Civil Appeal No. 4 of 2006)
  • Damiano Ssekiziyivu v Banyonyi Finance & Investment Co Ltd and 12 Others (Civil Suit No. 108 of 2011)
  • Midland Bank Limited v Reckitt [1933] AC 1
  • Kapeka Coffee Works Ltd v NPART (Court of Appeal Civil Appeal No. 3 of 2000)
  • Auto Garage v Motokov [1971] EA 514
  • Ismail Serugo v Kampala City Council and the Attorney General (Constitutional Appeal No. 2 of 1998)
  • Attorney General v Oluoch [1972] EA 392
  • Madhvain International SA v Attorney General (Court of Appeal Civil Appeal No. 48 of 2004)
  • Ibaga Taratizio v Tarakpe Faustina (High Court Civil Appeal No. 004 of 2017)
  • Atwongyeire Robert v Board of Governors Kyambogo College School (Misc Cause No. 216 of 2016)
  • Kafu Sugar Limited and Another v Attorney General and 5 Others (Civil Suit No. 55 of 2017)
  • Buildtrust Construction (U) Limited v Martha Rugasira (Civil Suit No. 288 of 2005)
  • Arch Joel Kateregga and Another v Dr. Hannington Ssengendo and Another (Civil Suit No. 0020 of 2010)
  • Valery Alia v Alionzi John (Civil Suit No. 157 of 2010)
  • Masaka District Growers Co-operative Union and 41 Others v Attorney General (Civil Suit No. 240 of 2015)
  • Goodman International Ltd v Attorney General and Luwero District Land Board (Civil Suit No. 73 of 2014)

Full judgment

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Muganwa Kajura ( suing through his lawful attorney regina kajura ) v Uganda Land Commission and Another (Misc Cause No. 25 of 2022) [2022] UGHCCD 214 (11 October 2022)
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.