Wakilii

Nuwasasira v Kamomo and Others (Civil Suit 63 of 2022)

High Court · [2025] UGHC 211 · 2025 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, trespass, and eviction; with counterclaim challenging registration and title cancellation
Decision
Defendants declared trespassers and ordered to vacate within 5 months; eviction order to follow if non-compliance; counterclaim struck out

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the plaintiff, as registered proprietor of land comprised in LRV 3316 Folio 11 Ranch No. 21B, had proved ownership and prior possession through his predecessors since 1986. The defendants, who entered the land in 2003 without consent and constructed permanent structures in 2021, were trespassers. The counterclaim challenging the plaintiff's registration and the cancellation of a different title (LRV 4347 Folio 9) was struck out for lack of locus standi, as the counter-claimant was neither the registered proprietor nor the person whose title was cancelled.

Outcome

Defendants declared trespassers and ordered to vacate within 5 months; eviction order to follow if non-compliance; counterclaim struck out

Facts

The plaintiff claimed ownership of land comprised in LRV 3316 Folio 11 Ranch No. 21B (95 acres) as registered proprietor, having acquired title in 2017 from William Ruhinda and Buzoora Yosamu, who had been allocated the land in 1995 and registered in 2004. The plaintiff's family had occupied the land since 1986. The defendants, beneficiaries of the late Katiti Charles Rubarekyera, claimed their father purchased land comprised in LRV 4347 Folio 9 Ranch 21B15 (38.7 hectares) from Budengere George in 2000 and took possession. The defendants entered the plaintiff's land in 2003, cultivated it, and constructed permanent houses in 2021. The defendants' counterclaim alleged fraudulent registration of the plaintiff and illegal cancellation of Budengere George's title (LRV 4347 Folio 9) by the Commissioner of Lands. Evidence showed the plaintiff's grandfather was buried on the land in 1999, and the defendants never applied for a lease despite claiming long occupation.

Issues

  1. Whether the Defendants are trespassers on the suit land.
  2. Whether the Counter-Claimant has locus standi to file the Counter-Claim.
  3. Whether the Counter-Claim discloses a cause of action.
  4. Whether registration of the Plaintiff on LRV 3316 Folio 11 Ranch 21B was fraudulent and illegal.
  5. Whether the 2nd Counter-Defendant's cancellation of the title in respect of LRV 4347 Folio 9 was fraudulent and illegal.
  6. What remedies are available to the parties.

Orders

  • Declaration that the Plaintiff is the lawful/registered owner of the suit land.
  • Declaration that the Defendants are trespassers on suit land.
  • The Defendants shall vacate the suit land within 5 months from the date of this Judgment.
  • An order of eviction against all the Defendants and their agents from the suit land shall be effective if the Defendants do not comply with the order in (C) above.
  • The Plaintiff and 2nd Counter-Defendant are awarded UGX 100,000,000/= (One Hundred Million Shillings) as general damages.
  • The Plaintiff and 2nd Counter-Defendant are awarded costs of this suit and the Counter-Claim.

Rules and key headnotes

Land Law — Registered Title — Indefeasibility — Certificate of Title as Conclusive Evidence of Ownership
A Certificate of Title is conclusive evidence of ownership of land under Section 59 of the Registration of Titles Act Cap 240, and the registered proprietor's title is immune from attack by adverse claim unless fraud or illegality is proved under Sections 64, 77, 136, or 176 of the Act.
Trespass to Land — Elements — Unlawful Entry Without Permission or Right
Trespass to land occurs when a person makes an unauthorized entry upon land and thereby interferes with another person's lawful possession. A claim for trespass succeeds where the claimant proves ownership or possession, that the defendant entered the land, and that the entry was unlawful without permission or claim of right.
Land Law — Possession — Proof of Prior Possession — Graves as Evidence
Possession of land may be proved by evidence of long occupation including the existence of graves of family members on the land, which demonstrates continuous occupation predating adverse claims.
Locus Standi — Counterclaim — Right to Challenge Title Cancellation
A counter-claimant has no locus standi to challenge the cancellation of a land title where the counter-claimant was not the registered proprietor and is not the person whose title was cancelled. Only the registered proprietor or a person with a direct legal interest has standing to contest such administrative decisions.
Land Law — Equitable Interest — Claim Based on Alleged Purchase Without Registration
A claim of equitable interest in land based on an alleged purchase from a third party does not confer protectable rights against a registered proprietor who acquired title through proper allocation and registration, particularly where the claimant never applied for a lease or sought formal registration.
General Damages — Trespass to Land — Assessment for Deprivation of Use
General damages for trespass to land are awarded to compensate for inconvenience and deprivation of use. Where defendants have illegally occupied and used land for approximately 24 years, an award of UGX 100,000,000 may be appropriate compensation.

Legislation cited (7)

Cases cited (8)

  • Asha Ali Suleman and Another v Nassanga Aysha Salma and Another (Civil Suit No. 338 of 2015)
  • Hajji Bumbakali v Peter Muhairwe and Others (Civil Suit No. 036 of 1999)
  • Justine E M N Lutaaya v Sterling (Civil Engineering Appeal No. 11 of 2002)
  • Katarikawe vs John Katwiremu & Anor (1977) HCB 187
  • Kiwanuka Godfrey T/a Tosumi Auto Spares and GlassMart v Arua District Local Government (Civil Suit No. 186 of 2006)
  • Erukana Kuwe v Isaac Patrick Matovu and Another (Civil Suit No. 177 of 2003)
  • Wafula Charles v Atzin Amirali Allibhai Pradhan and 5 Others (Civil Suit No. 2008 of 2014)
  • Fakrudin and Another v Kampala District Land Board and Another (Civil Suit No. 570 of 2015)

Full judgment

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

Nuwasasira v Kamomo and Others (Civil Suit 63 of 2022) [2025] UGHC 211 (18 April 2025)
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.