Wakilii

Mulika v Mahomed (Civil Appeal No. 9 of 1949)

East African Court of Appeal · [1949] EACA 11 · 1949 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from decision of High Court of Uganda
Decision
Matter remitted to High Court for assessment of damages

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A mukopi (peasant) holder of a kibanja (plot) on mailo land cannot be evicted without a court order for good and sufficient cause. If evicted, the mukopi is entitled to compensation for crops and improvements. These rights are not affected by any change of ownership of the mailo land or subsequent grants to third parties. The respondent's uprooting of the appellant's vegetables without a court order was wrongful and entitled the appellant to damages.

Outcome

Matter remitted to High Court for assessment of damages

Facts

The appellant was a mukopi (peasant) holder of a kibanja (plot) on mailo land belonging to the Kabaka of Buganda. He was let into occupation by the Kabaka's local representative and planted vegetables on the land. Subsequently, on 27 August 1948, the Treasurer of Nkuluze, on behalf of the Kabaka, entered into a written agreement with the respondent granting him the right to use the same land for brickmaking for six months commencing 1 September 1948, for a rent of Sh. 300. This agreement was made after the appellant had already entered and planted vegetables. The respondent then caused the appellant's vegetables to be uprooted. The appellant claimed damages for the uprooting. The trial judge found these facts but dismissed the claim.

Issues

  1. Whether a mukopi holder of a kibanja on mailo land can be evicted without a court order.
  2. Whether the mukopi is entitled to compensation for crops and improvements when evicted.
  3. Whether the mukopi's rights are affected by a subsequent grant of use of the land to another person.

Orders

  • Appeal allowed.
  • Judgment of the lower Court set aside.
  • Case remitted to the lower Court for assessment of damages payable by the respondent to the appellant.
  • Costs awarded to the appellant in the Court of Appeal and in the Court below.

Rules and key headnotes

Land Tenure — Mailo Land — Mukopi Rights — Eviction Requirements
A mukopi (peasant) holder of a kibanja (plot) on mailo land can only be evicted by the mailo owner through a court order made after the court has tried the case and found good and sufficient cause for eviction.
Land Tenure — Mailo Land — Mukopi Rights — Compensation for Improvements
When a court makes an order of eviction against a mukopi, it must specify the amount payable to the mukopi for improvements to the kibanja, including trees and crops planted, and the eviction order shall not take effect until this compensation has been paid.
Land Tenure — Mailo Land — Mukopi Rights — Protection Against Change of Ownership
The rights of a mukopi under the Busulu and Envujjo Law are not affected by any change of ownership of the mailo land or by subsequent grants of use to third parties.
Trespass to Land — Wrongful Interference with Crops — Liability for Damages
A person who uproots a mukopi's crops without a court order of eviction commits a wrongful act and must compensate the mukopi for the loss.

Legislation cited (4)

  • Busulu and Envujjo Law 1927 s.11
  • Busulu and Envujjo Law 1927 s.13
  • Busulu and Envujjo Law 1927 s.15
  • Busulu and Envujjo Law 1927 s.15a

Full judgment

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

Mulika v Mahomed (Civil Appeal No. 9 of 1949) [1949] EACA 11 (1 January 1949)
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.