Wakilii

Mulindwa v Attorney General (Civil Suit 782 of 1985)

High Court · [1985] UGHC 1 · 1985 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages, eviction, and mesne profits arising from unlawful occupation of registered property by government servants
Decision
Plaintiff awarded damages and eviction order granted against the defendant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that a certificate of title is conclusive evidence of ownership and that the registered proprietor can maintain an action in trespass even if not in possession. The police occupation was unlawful trespass as no evidence established lawful entry or authorization. Damages for trespass are measured by the plaintiff's loss (market rental value) not the defendant's profit. General damages of Shs. 16,380,000 awarded, eviction ordered, and mesne profits of Shs. 210,000 from judgment until full payment.

Outcome

Plaintiff awarded damages and eviction order granted against the defendant

Facts

The plaintiff was the registered proprietor of a double-storeyed residential house with visitor quarters at Kololo, Kampala, which he purchased in 1972. He did not occupy the premises immediately because he was forced into exile. When he returned in April 1979, he found the premises occupied by the Uganda Police Force. He wrote to the Force Building Officer requesting the police vacate the premises and pay rent for the period of occupation. The police neither paid rent nor vacated. The plaintiff brought suit for general damages, an eviction order, and mesne profits arising from the unlawful occupation of his property by the defendant's servants.

Issues

  1. Whether the plaintiff proved ownership of the suit premises.
  2. Whether the occupation of the suit premises by the police constituted trespass.
  3. What measure of damages should be applied for unlawful occupation of property.

Orders

  • General damages of Shs. 16,380,000 awarded to the plaintiff for trespass.
  • Plaintiff granted order of eviction.
  • Mesne profits of Shs. 210,000 awarded from the date of judgment until payment in full.

Rules and key headnotes

Land & Property — Registered Land — Certificate of Title — Conclusive Evidence of Ownership
A certificate of title is conclusive evidence that the person named in it as the proprietor is possessed of the estate and interest described therein.
Tort Law — Trespass to Property — Locus Standi — Registered Proprietor Not in Possession
A registered proprietor of property is entitled to maintain an action in trespass even if not in possession of the property.
Tort Law — Trespass to Property — Unlawful Occupation — Burden of Proof
Where there is no evidence that entry on suit premises and continued occupation are lawful, the occupation constitutes trespass.
Damages & Quantum — Trespass to Property — Measure of Damages — Market Rental Value
The measure of damages for trespass to property is the loss suffered by the plaintiff and not the profit made by the defendant as a result of the trespass. The normal measure of damages is the market rental value of the property occupied or used for the period of wrongful occupation or use.

Cases cited (5)

  • Harshad Lal v Globo Cinema Ltd [1960] EA 1046
  • Karsam v Batt [1965] EA 789
  • Yoya Drift Ras Ueas v. Mhouri ADVTS Boas 114
  • Olinda De Souza Figueiredo v Kassamali Manji [1962] EA 756
  • Rwamuratiri v Kamomo (Misc Cause No. 72 of 1977)

Full judgment

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

Mulindwa v Attorney General (Civil Suit 782 of 1985) [1985] UGHC 1 (11 November 1985)
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.