Wakilii

Nyamaibunga v China Railways No. 5 Engineering Group Corporation Limited and Another (Civil Suit 106 of 2022)

High Court · [2024] UGHC 887 · 2024 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for trespass to land, compensation, damages and permanent injunction
Decision
Suit dismissed; plaintiff failed to prove exclusive ownership or trespass

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The plaintiff failed to prove exclusive ownership of land allegedly trespassed upon. Evidence established that the suit land was jointly owned and mutually utilised by two families descended from brothers who acquired the land together in 1945. The plaintiff endorsed a lease agreement granting the first defendant rights to excavate murram. Since the plaintiff consented to the lease and the land was jointly owned, no trespass was established. The suit was dismissed with no order as to costs.

Outcome

Suit dismissed; plaintiff failed to prove exclusive ownership or trespass

Facts

The plaintiff claimed exclusive ownership of approximately 50 acres of customary land inherited from his father, Balamu Miteto, who acquired it from Bunyoro Kitara Kingdom in 1947. The second defendant, the plaintiff's cousin, leased 14.3 acres to the first defendant for murram excavation without the plaintiff's consent. The plaintiff alleged trespass and sought damages and an injunction. The second defendant countered that his father, Kiiza Mukwonga, jointly acquired the land with the plaintiff's father in 1945, and the two families divided and utilised their respective portions. Evidence showed both families had been using the land jointly. The plaintiff's name appeared on the lease agreement, which he signed. The court found the land was mutually owned by both families and the plaintiff had endorsed the lease agreement.

Issues

  1. Whether the plaintiff has proved ownership of the suit land.
  2. Whether the defendants have without lawful authorisation interfered with the plaintiff's use and possession of the suit land permanently damaging it.
  3. What remedies are available to the parties.

Orders

  • Suit dismissed.
  • No order as to costs.

Rules and key headnotes

Evidence — Burden of Proof — Civil Proceedings — Standard of Proof
In civil proceedings, the burden of proof lies upon the person who asserts the existence of facts upon which his claim depends, and the standard of proof is on a balance of probabilities.
Tort Law — Trespass to Land — Essential Elements — Wrongful Taking of Possession
Trespass to land is committed where a person wrongfully takes possession of or takes materials from land belonging to another person. Where the plaintiff has consented to the defendant's use of jointly owned land, an action for trespass cannot stand.
Land & Property — Joint Ownership — Customary Land — Rights of Co-Owners
Where customary land is jointly acquired and mutually utilised by two families without established boundaries, both families hold rights to the land. A certificate of ownership that does not specify acreage or boundaries is insufficient to prove exclusive ownership.
Contract Law — Illiterates Protection Act — Requirement of Certificate of Translation — Literacy Presumed
The Illiterates Protection Act requires a certificate of translation where an illiterate party executes a document. However, where there is no evidence that a party is illiterate, and the party has previously worked in positions requiring literacy, the party is presumed literate and cannot rely on the Act to void an agreement he signed.
Civil Procedure — Pleadings — Departure from Pleadings — Claims Not Pleaded
A party cannot be allowed to depart from his pleadings. Where a claim for environmental restoration was not part of the plaintiff's pleadings, the court cannot grant relief on that basis even if it may have been available under statute.

Legislation cited (5)

Cases cited (6)

  • Sebuliba v Cooperative Bank Ltd [1982] HCB 129
  • Stanbic Bank of Uganda Ltd v Ssenyonjo Moses (Court of Appeal Civil Appeal No. 047 of 2012)
  • Hannington Njuki v G.W. Musisi (High Court Civil Suit No. 434 of 1996)
  • Dr. Henry Kamanyiro v Roko Construction Ltd (Court of Appeal Civil Appeal No. 5 of 2005)
  • Semalulu v Nakitto (High Court Civil Appeal No. 04 of 2008)
  • Interfreight Forwarders (U) Ltd v E. African Development Bank (Supreme Court Civil Appeal No. 33 of 1992)

Full judgment

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

Nyamaibunga v China Railways No. 5 Engineering Group Corporation Limited and Another (Civil Suit 106 of 2022) [2024] UGHC 887 (19 July 2024)
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.