Nanyonga Kelementina and Another v Lubega (Civil Appeal No. 25 of 2009)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court held that the appellants had acquired valid kibanja rights in 1981 through purchase agreements and were entitled to quiet possession. The respondent's trespass by grading and burning structures on the appellants' bibanja was unlawful. The appeal was allowed, general damages of UGX 3,000,000 awarded, and the matter remitted to the Chief Magistrate for boundary demarcation. The principle that one cannot benefit from their own wrong applied where the respondent uprooted boundary markers.
Outcome
Appeal allowed with damages and permanent injunction; matter remitted to Chief Magistrate for boundary demarcation
Facts
The appellants purchased kibanja (customary land holdings) in 1981 from previous owners when the respondent's father was still alive. Sale agreements were executed and witnessed by local authorities (Mayumba Kumi). The appellants enjoyed quiet possession for decades, developing the land and planting crops. After the respondent's father died, the respondent claimed ownership of the land, brought a grader onto the appellants' kibanja, uprooted boundary markers (Misambya trees), graded approximately two acres, burnt three houses belonging to the second appellant, and destroyed crops including cassava and matooke suckers. The respondent claimed to have inherited the land from his parents and denied the appellants' rights. The trial magistrate ruled for the respondent, prompting this appeal.
Issues
- Whether the plaintiffs were the rightful owners of the suit land.
- Whether the plaintiffs were being denied quiet possession of the suit land by the defendant.
- Whether the defendant was entitled to any part of the land.
- What remedies were available to the parties.
Orders
- Appeal allowed.
- Removal of the trespassing plantations on the plaintiffs' land.
- A permanent injunction against any further trespass do issue.
- General damages of UGX 3,000,000 awarded to the plaintiffs/appellants.
- The Chief Magistrate to go to the locus in quo for purposes of ascertaining the boundaries of the bibanja and demarcation.
- Interest at 6% from the time of this judgment.
- Costs of this court and below awarded to the appellants.
- Judgment and decision of the lower court is set aside.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.