Wakilii

Nantongo Nazziwa v Maiso (Civil Suit No. 390 of 2014)

High Court · [2022] UGHCLD 54 · 2022 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of ownership, eviction, and damages for trespass
Decision
Defendant ordered to vacate the suit property within 60 days; plaintiff awarded damages, mesne profits, and permanent injunction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the plaintiff proved ownership of the suit kibanja through a valid sale agreement and payment of busulu to the Kabaka's Government. The defendant's forceful entry and continued occupation without consent constituted trespass. The court awarded the plaintiff general damages of UGX 60,000,000, mesne profits of UGX 90,000,000, an eviction order, and a permanent injunction restraining the defendant from interfering with the property.

Outcome

Defendant ordered to vacate the suit property within 60 days; plaintiff awarded damages, mesne profits, and permanent injunction

Facts

On 12 March 2004, the plaintiff and her late husband purchased a kibanja at Busega Kibumbiro Zone from Richard Kalungi and constructed a two-bedroom house, which they completed in September 2004. They paid busulu to the Kabaka's Government and registered the property. The plaintiff's husband died on 1 October 2004. Shortly thereafter, in October 2004, the defendant, who was the late husband's nephew, forcefully entered the premises, broke the locks, took possession of the house, and removed the plaintiff's belongings. The defendant refused to vacate despite interventions by local leaders. The plaintiff was forced to seek alternative accommodation. The defendant was served with the suit but failed to appear or lead evidence to challenge the plaintiff's ownership.

Issues

  1. Whether the suit kibanja/property belongs to the plaintiff.
  2. What remedies are available to the plaintiff.

Orders

  • Declaration that the kibanja and residence thereon as described, situate at Busega Kibumbiro LC1 Zone belongs to the plaintiff.
  • Eviction order issued against the defendant, to be effected within 60 days from the date of serving upon him of this judgment.
  • Permanent injunction issued against the defendant restraining him and any other persons claiming through him from interfering with the plaintiff's suit property/kibanja.
  • General damages of UGX 60,000,000 (Uganda shillings sixty million only).
  • Mesne profits of UGX 90,000,000 (Uganda shillings ninety million only).
  • Costs of this suit awarded to the plaintiff.

Rules and key headnotes

Land & Property — Kibanja Ownership — Proof of Purchase — Sale Agreement and Payment of Busulu
Ownership of a kibanja on mailo land is established by proof of a valid sale agreement witnessed by local council officials and payment of busulu to the Kabaka's Government.
Tort Law — Trespass to Land — Elements — Unauthorised Entry and Continued Occupation
Trespass to land is constituted by the unauthorised entry onto land in possession of the plaintiff or remaining upon such land without lawful justification. Any invasion, however minute, whether it causes damage or not, is a trespass.
Civil Procedure — Pleadings — Effect of Evasive Denial — Deemed Admission
Under Order 8 rule 3 of the Civil Procedure Rules, every allegation of fact in the plaint, if not denied specifically or by necessary implication or stated not to be admitted in the pleading of the opposite party, is taken to be admitted. An evasive or general denial has no substance and amounts to an admission.
Evidence — Burden of Proof — Civil Cases — Balance of Probabilities
In civil cases, the plaintiff bears the burden of proving her case on a balance of probabilities. Where the defendant fails to rebut the plaintiff's evidence, the plaintiff discharges that burden.
Tort Law — Damages — General Damages — Assessment — Hardship, Inconvenience, and Mental Anguish
General damages are awarded at the discretion of the court as compensation for loss, damage, or injury suffered. The quantum is guided by the value of the subject matter, the economic inconvenience suffered, and the nature and extent of the breach. A party who has suffered hardship, inconvenience, and mental anguish as a natural consequence of the wrongful act is entitled to substantial general damages.
Land & Property — Mesne Profits — Assessment — Deprivation of Use of Property
Mesne profits are payments intended to compensate for the deprivation of the use of property. Where a defendant has occupied the plaintiff's property without paying rent, mesne profits are assessed based on the reasonable rental value of the property for the period of occupation.

Legislation cited (2)

Cases cited (7)

  • Gregory v Piper (1829) 9 B & C 591
  • Salmond & Heuston 21st Edition in their Law of Torts
  • Siheiro Mohammed Imbouta v Kitara Enterprises Ltd (Civil Appeal No. 4 of 1987)
  • Kakooza District Land Board and George Mitala v Veneranda Babirye Nalongo (CA No. 2 of 2007)
  • Asiimwe v Kaliisa (HCCS No. 1297 of 1999)
  • Frederick Ntabazi v Attorney General (SCCA No. 8 of 1999)
  • Ongom v Attorney General (1979) HCB 267

Full judgment

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

Nantongo_Nazziwa_v_Maiso_(Civil_Suit_No._390_of_2014)_[2022]_UGHCLD_54_(31_March_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.