Wakilii

Nalweyiso v Bukenya and Another (Miscellaneous Application No. 1324 of 2013)

High Court · [2014] UGHC 122 · 2014 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution and review of consent order in miscellaneous cause
Decision
Consent order varied to protect applicant's interest as bona fide kibanja occupant; 1st respondent's lease to proceed subject to applicant's interests including right to adequate compensation

Observed later treatment

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Holding

The court held that a customary kibanja occupant who inherited land in 1987 and has been in continuous occupation has legally protected interests under the Land Act and Constitution, giving her locus standi to apply for review of a consent order granting a lease over that land even though she was not party to the original proceedings. The court varied the consent order to protect the applicant's interest as a bona fide occupant, requiring that the lessee take the lease subject to the kibanja holder's interests including adequate compensation before vacant possession, but declined to stay execution of the lease.

Outcome

Consent order varied to protect applicant's interest as bona fide kibanja occupant; 1st respondent's lease to proceed subject to applicant's interests including right to adequate compensation

Facts

The 1st Respondent obtained a lease offer from the 2nd Respondent (Kampala Archidiocese Land Board) and made part-payment of 90,000,000 shillings. The lease was subsequently terminated. Under Miscellaneous Cause No. 63 of 2013, the parties entered a consent order agreeing the 1st Respondent would pay an additional 75,000,000 shillings and the lease would be reinstated. The Applicant, who claims to have inherited a 3.5 acre kibanja on the suit land from her late father and occupied it since 1987, her father having occupied it from 1930, applied for stay of execution and review of the consent order. She was not party to the original proceedings and claimed her kibanja interest was affected by the consent order granting the lease.

Issues

  1. Whether the Applicant has any locus standi to apply for review of a consent order to which she was not party.
  2. Whether execution of the consent order between the 1st and 2nd Respondents should be stayed.
  3. Whether the consent order should be reviewed, varied and or set aside.

Orders

  • The consent order executed by the respondents in Miscellaneous Application No. 63 of 2013 be varied to protect the applicant's interest as a bona fide occupant.
  • The applicant is a kibanja holder on the suit land.
  • The application for stay of execution of the consent judgment is not granted.
  • The 1st respondent takes the lease over the suit land subject to the interests of the kibanja holder, the applicant, which include but not limited to adequate compensation before the applicant gives vacant possession in compliance with relevant laws.
  • Each party shall bear his/her costs for the application.

Rules and key headnotes

Land Law — Customary Tenure — Standing to Challenge Lease — Bonafide Occupant
A person who has inherited and occupied a kibanja since 1987, derived from occupation by her late father from 1930, is a bonafide occupant with legally protected interests under Section 29 of the Land Act and Article 237 of the Constitution, and has locus standi to apply for review of a consent order granting a lease over that land, notwithstanding that she was not party to the original proceedings.
Civil Procedure — Review — Aggrieved Person — Legal Grievance
For an application for review to succeed under Section 82 of the Civil Procedure Act, the party applying must show that he or she has suffered a legal grievance and that the decision pronounced against him or her by the court has wrongfully deprived him or her of something or wrongfully affected his or her title to something.
Land Law — Leasehold Estate — Co-existence with Unregistered Interests
Article 237 of the Constitution and Section 2 of the Land Act render it possible for a leasehold estate to co-exist with other unregistered estates such as customary occupancy rights, and a registered proprietor's right to lease land under Section 101 of the Registration of Titles Act is subject to the interests of bonafide occupants protected by the Land Act and Constitution.
Land Law — Bonafide Occupant — Right to Compensation — Priority Option
Customary tenants, bonafide occupants and lawful occupants, if able to develop the land to the required planning standards, should be given the first option to lease or purchase the land; in the alternative, adequate compensation must be made to these categories of occupants if the opportunity is granted to another developer.

Legislation cited (10)

Cases cited (2)

  • Busoga Growers Co-operative Union Ltd v Nsamba & Sons Ltd (Miscellaneous Application No. 123 of 2000)
  • Kampala District Land Board v Babweyaka & Others (Civil Appeal No. 3 of 2007)

Full judgment

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

Nalweyiso v Bukenya and Another (Miscellaneous Application No. 1324 of 2013) [2014] UGHC 122 (10 June 2014)
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.