Wakilii

Numu Birisi v Bahungule and Another (Civil Appeal 39 of 2023)

High Court · [2023] UGHCCRD 156 · 2023 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court judgment in land dispute
Decision
Appeal dismissed; respondents confirmed as registered proprietors of the suit land at Katutwe; appellant's claim to that land rejected

Observed later treatment

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Holding

The High Court dismissed the appeal and upheld the trial court's finding that the respondents were the rightful registered proprietors of land at Katutwe, distinct from the appellant's land at Kabaale-Ngongoma. The court held that a locus visit was not mandatory where registered title existed and boundaries were not in dispute. The court reduced the general damages award from UGX 15,000,000 to UGX 8,000,000 on the ground that the original award was excessive in the absence of proof of quantified special damages.

Outcome

Appeal dismissed; respondents confirmed as registered proprietors of the suit land at Katutwe; appellant's claim to that land rejected

Facts

The appellant sued the respondents claiming ownership of land at Buhimba on the western side of Kabaale-Ngongoma Road, Hoima District. The appellant stated he identified free unoccupied land measuring 60 hectares, applied for a lease in 1983, and was granted a lease offer for over 30 hectares at Kabaale-Ngongoma. The respondents held a registered certificate of title for land at Katutwe hill obtained in 1974, a decade before the appellant's application. The appellant claimed the respondents were trespassers. The trial Magistrate found that the parties' lands were in different locations — the appellant's at Kabaale-Ngongoma and the respondents' at Katutwe — and that the respondents were the registered proprietors under the Registration of Titles Act. The trial court dismissed the appellant's suit and awarded the respondents general damages of UGX 15,000,000 for inconvenience. The appellant appealed.

Issues

  1. Whether the trial Magistrate properly evaluated the evidence on record.
  2. Whether the trial Magistrate erred by failing to conduct a locus in quo visit.
  3. Whether the award of general damages of UGX 15,000,000 was excessive.

Orders

  • Appeal dismissed with costs.
  • Judgment and orders of the lower court confirmed.
  • General damages award reduced from UGX 15,000,000 to UGX 8,000,000.

Rules and key headnotes

Land & Property — Registered Title — Conclusiveness of Certificate of Title under Registration of Titles Act s.59
A certificate of title under the Registration of Titles Act is conclusive evidence that the person named as proprietor is the owner of the land, and where a defendant holds registered title, the court is not obliged to conduct a locus visit to determine ownership.
Civil Procedure — Locus in Quo Visits — Circumstances in Which Mandatory
A visit to the locus in quo is not mandatory. The court moves to the locus in deserving cases where it needs to verify evidence that cannot reasonably be achieved by the testimonies of witnesses in court, particularly to determine boundaries and features of the land in dispute.
Civil Procedure — Locus in Quo Visits — Not Required Where Ownership Based on Registered Title and Boundaries Not in Dispute
Where the primary issue is the legal interest of parties in land that is duly registered and demarcated, and boundaries are not in dispute, failure to visit the locus in quo does not occasion a miscarriage of justice.
Damages & Quantum — General Damages — Assessment in Absence of Proof of Special Damages
General damages are compensatory and not punitive. Where a party adduces evidence of inconvenience suffered but fails to prove special damages as required by law, the court may award general damages but the award must not be excessive and must be proportionate to the verifiable inconvenience established.
Evidence — Onus of Proof — Rebutting Evidence of Registered Title
Where a defendant adduces evidence of registered title to land, the onus is on the plaintiff to rebut that evidence. Failure to do so is fatal to the plaintiff's claim.

Legislation cited (1)

Cases cited (11)

  • Uganda Revenue Authority v Rwakasanje Azariu and 2 Others (Court of Appeal Civil Appeal No. 8 of 2007)
  • Fr. Narsensio Begumisa and 3 Others v Eric Tibebaga (Supreme Court Civil Appeal No. 17 of 2002)
  • Registered Trustees of the Pentecostal Assembly and Another v Iga Anyi Godfrey and 14 Others (High Court Civil Appeal No. 29 of 2011)
  • Kadamuse s/o Katikiro v Onyopa Alexander (High Court Civil Appeal No. 119 of 2008)
  • Akugizibwe Francis v Nyamahunge Kotido (High Court Civil Appeal No. 32 of 2016)
  • Mugerwa Muliisa Paul v Twaha Kiganda (High Court Civil Appeal No. 9 of 2012)
  • Damulira Aloysius v Nakijoba (High Court Civil Appeal No. 59 of 2019)
  • Lawrence Nabende and 2 Others v Herbert Semakula and 5 Others (Court of Appeal Civil Appeal No. 154 of 2017)
  • Ibanda Richard v Monica Wanume and 3 Others (High Court Civil Appeal No. 52 of 2009)
  • Hall Brothers SS Co.Ltd Vs Young (1939)1KB at 748(CA)
  • Luzinda v Ssekamatte (High Court Civil Suit No. 366 of 2017)

Full judgment

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

Numu Birisi v Bahungule and Another (Civil Appeal 39 of 2023) [2023] UGHCCRD 156 (28 July 2023)
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.