Wakilii

Ntambi Musiisi v Wangi (Civil Suit No. 525 of 2015)

High Court · [2022] UGHCLD 156 · 2022 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for trespass and compensation
Decision
Defendant declared a trespasser; compensation and general damages awarded to plaintiff with interest and costs

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court held that the defendant trespassed on the plaintiff's registered land by constructing a commercial market building that encroached approximately 13.36 square metres beyond his plot boundary onto the plaintiff's adjacent plot. The court awarded compensation for the encroached area at current market value to be determined by an independent valuer, general damages of UGX 50,000,000, interest at 15% per annum from judgment, and costs.

Outcome

Defendant declared a trespasser; compensation and general damages awarded to plaintiff with interest and costs

Facts

The plaintiff is the registered proprietor of Plot 5935 at Kasubi, registered in 2011. The defendant is the registered proprietor of the adjacent Plot 7480. Between 2013 and 2015, the defendant constructed a permanent commercial market building on his plot. A boundary survey conducted in April 2015 revealed that the defendant's commercial building encroached onto the plaintiff's plot by approximately 13.36 square metres. The plaintiff notified the defendant by letter dated 18 August 2015, demanding removal of the structure or compensation. The defendant filed a defence denying trespass and claiming he had invited the plaintiff and local authorities to resurvey boundaries before construction. However, when the matter came for hearing on 28 March 2019, neither the defendant nor his counsel appeared despite proper service. The court granted the plaintiff's application to proceed ex parte.

Issues

  1. Whether the defendant is a trespasser on the suit land.
  2. What remedies are available to the parties.

Orders

  • The defendant is declared a trespasser on the suit land comprised in LRV 4202 Folio 6 Plot 5935 land at Kasubi Rubaga Division belonging to Godfrey Ntambi Musisi.
  • An order of compensation issues for the portion of land trespassed as reflected in the survey report as 13.36 square metres.
  • The total value of the area of encroachment is to be ascertained by an independent valuer to be agreed upon by both parties.
  • General damages of Uganda Shillings 50,000,000/= (Uganda Shillings fifty million only) awarded to Godfrey Ntambi Musisi.
  • Interest of 15% per annum is awarded in respect of general damages, payable from the date of delivery of this judgment until payment is made in full.
  • The plaintiff is awarded costs of the suit.

Rules and key headnotes

Land Ownership — Certificate of Title — Conclusive Evidence
Under Section 59 of the Registration of Titles Act, possession of a certificate of title by a registered person is conclusive evidence of ownership of the land described therein.
Trespass to Land — Elements of Proof
To prove trespass to land, a plaintiff must establish that the disputed land belongs to him, that the defendant entered upon that land, and that the entry was unlawful in that it was made without permission or that the defendant had no claim, right, or interest in the land.
Trespass to Land — Definition and Interference with Possession
Trespass to land occurs when a person makes an unauthorised entry upon another's land thereby interfering with another person's lawful possession of the land.
General Damages — Assessment Principles
General damages should be compensatory in nature in that they should restore some satisfaction as far as money can do it to the injured plaintiff. In assessing quantum, the court should consider the value of the subject matter, the economic inconvenience that a party may have been put through, and the nature and extent of the breach or injury suffered.
Ex Parte Proceedings — Failure to Appear Despite Service
Where a defendant has been duly served through counsel but neither the defendant nor counsel enters appearance at the hearing, the court may grant the plaintiff's prayer to proceed ex parte.

Legislation cited (3)

Cases cited (6)

  • Sebuliba v Co-operative Bank Ltd [1982] HCB 129
  • Justine E. M. N Lutaaya v Stirling Civil Eng. (Civil Appeal No. 11 of 2002)
  • Sheikh Muhammed Lubowa v Kitara Enterprises Ltd (Court of Appeal No. 4 of 1987)
  • Uganda Petroleum Co. Ltd v Kampala City Council (High Court Civil Suit No. 250 of 2005)
  • Takga Kushwahiri & Another v Najongu Denis (Court of Appeal Civil Appeal No. 48 of 2011)
  • Uganda Commercial Bank v Kigozi [2002] 1 EA 35

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Ntambi_Musiisi_v_Wangi_(Civil_Suit_No._525_of_2015)_[2022]_UGHCLD_156_(14_June_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.