Wakilii

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

High Court · [2023] UGHCLD 357 · 2023 Appeal Partly Allowed 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; trial court judgment affirmed with modification to damages quantum

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the appeal, holding that the trial magistrate properly evaluated the evidence and correctly found that the respondents were the registered proprietors of land at Katutwe Hill under the Registration of Titles Act. The appellant's claim related to different land at Kabaale-Ngongoma. A locus visit was not mandatory where the evidence adduced in court was sufficient and the land was registered with a certificate of title. However, the court reduced the general damages award from UGX 15,000,000 to UGX 8,000,000 as the original award was excessive given the lack of proof of special damages.

Outcome

Appeal dismissed; trial court judgment affirmed with modification to damages quantum

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 about 60 hectares and applied for a lease in 1984, receiving a lease offer for over 30 hectares which he accepted by paying fees. He alleged the respondents trespassed on his land. The respondents produced a certificate of title showing they were registered proprietors of land at Katutwe Hill, having secured their lease in 1974. The trial magistrate found the respondents were not trespassers and were the rightful owners. The appellant appealed, arguing the trial magistrate failed to properly evaluate evidence, erred in not conducting a locus visit, and awarded excessive general damages.

Issues

  1. Whether the learned trial Magistrate properly evaluated the evidence on record.
  2. Whether the failure to conduct a locus visit occasioned a miscarriage of justice.
  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 — Certificate of Title — Conclusive Evidence of Ownership
Under section 59 of the Registration of Titles Act, a certificate of title is conclusive evidence that the person named as proprietor is the owner of the land.
Civil Procedure — Locus in Quo — When Visit is Not Mandatory
A visit to the locus in quo is not mandatory but depends on the circumstances of the case. Where evidence adduced in court is sufficient to determine the matter, particularly where land is registered with a certificate of title and boundaries are not in dispute, failure to visit the locus does not occasion a miscarriage of justice.
Evidence — Locus in Quo — Purpose and Function
The purpose of visiting locus in quo is to clarify evidence already given in court, not to substitute for it. Evidence at the locus can only supplement evidence given in court.
Civil Procedure — Appeals — Duty of First Appellate Court
The duty of a first appellate court is to re-evaluate evidence as a whole and come to its own conclusion, bearing in mind that it has neither seen nor heard the witnesses and should make due allowance in that regard.
Land & Property — General Damages — Assessment in Land Disputes
General damages are compensatory and not punitive. In assessing general damages for land disputes, courts must consider verifiable inconvenience suffered. Where a party fails to prove special damages and bundles them with general damages, an excessive award may be reduced on appeal.

Legislation cited (1)

Cases cited (11)

  • Uganda Revenue Authority v Rwakasanje Azariu and 2 Others (CACA No. 8 of 2007)
  • Fr. Narsensio Begumisa and 3 Others v Eric Tibebaga (SCCA No. 17 of 2002)
  • Registered Trustees of the Pentecostal Assembly and Another v Iga Anyi Godfrey and 14 Others (Arua HCCA No. 29 of 2011)
  • Kadamuse S/O Katikiro v Onyopa Alexander (HCCA No. 119 of 2008)
  • Akugizibwe Francis v Nyamahunge Kotido (HCCA No. 32 of 2016)
  • Mugerwa Muliisa Paul v Twaha Kiganda (Civil Appeal No. 9 of 2012)
  • Damulira Aloysius v Nakijoba (Masaka HCCA No. 59 of 2019)
  • Lawrence Nabende and 2 Others v Herbert Semakula and 5 Others (CACA 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 v Young [1939] 1 KB 748 (CA)
  • Luzinda v Ssekamatte (HCCS No. 366 of 2017)

Full judgment

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

Nunu_Birisi_v_Bahungule_and_Another_(Civil_Appeal_39_of_2023)_[2023]_UGHCLD_357_(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.