Wakilii

Ochieng and 3 Others v Attorney General and Another (Civil Suit 934 of 2004)

High Court · [2021] UGHCLD 483 · 2021 Judgment for Defendants AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for trespass, conversion, malicious damage, vacant possession, mesne profits, and permanent injunction
Decision
Plaintiffs' certificate of title declared null and void; plaintiffs ordered to surrender title for cancellation and vacate the suit land within one month

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiffs' leasehold title to land comprised in LRV 1093 Folio 24 was obtained unlawfully because the land forms part of Budunda and Bugaali Central Forest Reserves gazetted in 1968, which were never de-gazetted. The certificate of title is null and void, having been issued in error. The National Forestry Authority did not trespass when managing the forest reserve as mandated by law. Plaintiffs' suit dismissed with costs; title ordered cancelled and plaintiffs ordered to vacate within one month.

Outcome

Plaintiffs' certificate of title declared null and void; plaintiffs ordered to surrender title for cancellation and vacate the suit land within one month

Facts

The plaintiffs claimed to be registered proprietors of land comprised in LRV 1093 Folio 24 at Budomero, Bulange, Busiki, Iganga District, measuring 205 hectares, acquired via lease from Uganda Land Commission effective 1 July 1980. They operated Kabro Ranching Scheme on the land, grazing cattle and growing maize on approximately 400 acres. In January 2004, the District Forest Officer issued an eviction notice. The plaintiffs alleged the defendants trespassed, destroyed crops, removed cattle and trees, and deprived them of the land. The defendants contended the land forms part of Budunda and Bugaali Central Forest Reserves gazetted in 1968, which were never de-gazetted, and that the lease was granted by mutual mistake. A UGASURV survey confirmed the leasehold land encroached entirely on the gazetted forest reserves. The plaintiffs constructed permanent houses and cultivated crops on the land in contravention of the Forests Act then in force.

Issues

  1. Whether the plaintiffs acquired the certificate of title lawfully.
  2. Whether the defendants trespassed on the suit land.
  3. Whether the suit land at Budomero, Bulange, Busiki is part of Budunda and Bugaali Central Forest Reserves.
  4. Whether there was malicious damage and conversion of the plaintiffs' property by the defendants.
  5. Whether the plaintiffs were deprived of the suit land by the defendants, and if so whether lawfully.
  6. Whether the parties are entitled to any remedies.

Orders

  • Plaintiffs' suit dismissed with costs to the defendants.
  • Declaration that the suit land comprised in Leasehold Register Volume 1093 Folio 24 situate at Budomero, Bulange, Busiki, Iganga District forms part of Budunda and Bugaali Central Forest Reserves gazetted in 1968 under Statutory Instrument Number 176.
  • Declaration that the title obtained by the plaintiffs in respect of LRV 1093, Folio 24 at Budomero, Bulange, Busiki, Iganga District was obtained illegally and the certificate of title is null and void.
  • Declaration that the registration of the plaintiffs as registered proprietors of LRV 1093, Folio 24 was effected in error as the land was not available for leasing.
  • Order directing the plaintiffs to hand over the owner's copy of the certificate of title in respect of LRV 1093, Folio 24 to the Commissioner Land Registration for cancellation within 14 days from the date of judgment.
  • Injunction restraining the plaintiffs and their agents, employees or successors from treating any part of Budunda and Bugaali Central Forest Reserves as belonging to them and from carrying out thereon any activity prohibited by law.
  • Plaintiffs and their ranching scheme under the name of Kabro Ranching Scheme to vacate the suit land.
  • Plaintiffs to remove from the suit land any livestock, buildings or enclosures which may have been erected and any crops which may have been planted on the suit land within one month from the date of judgment.
  • Costs awarded to the defendants.

Rules and key headnotes

Certificate of Title — Validity — Issuance in Error — Land Forming Part of Gazetted Forest Reserve
Where a certificate of title is issued in respect of land that forms part of a gazetted central forest reserve that has never been de-gazetted, the certificate is obtained unlawfully and is null and void, having been issued in error, notwithstanding the conclusiveness provisions of section 59 of the Registration of Titles Act.
Forest Reserves — De-gazettement — Requirement for Alienation
A central forest reserve gazetted by statutory instrument cannot be alienated to private individuals by way of lease or otherwise unless it is first de-gazetted in accordance with law. Absent de-gazettement, any purported grant of title over such land is of no legal effect.
Prohibited Activities in Forest Reserves — Grazing, Cultivation, Erection of Buildings
Under section 13 of the Forests Act Cap 146 (repealed) and section 32(1) of the National Forestry and Tree Planting Act 2003, no person may clear, use, or occupy land in a forest reserve for grazing, cultivation of crops, or erection of buildings unless permitted by rules made under the Act. Such activities conducted without lawful authority are prohibited.
National Forestry Authority — Powers and Duties — Management of Central Forest Reserves
The National Forestry Authority is mandated under section 54(1)(a) of the National Forestry and Tree Planting Act 2003 to develop and manage all central forest reserves in Uganda. In exercising this mandate, the Authority's officers are authorized to enter and manage forest reserves, and such entry does not constitute trespass.
Trespass to Land — Requirement of Legal Interest in Land
Trespass to land is premised upon interference with possession of land. An action for trespass requires that the claimant have a legal interest in the subject land. Physical presence, use, or de facto control without legal interest is insufficient to sustain a claim of trespass.
Public Trust Doctrine — Government Holding Natural Resources in Trust
Under Article 273(2)(b) of the Constitution, the Government holds natural resources including forest reserves in trust for the people and is mandated to protect them for the common good of all citizens. A person who obtains a certificate of title over such land in error does not hold a legal interest that can ground a claim of trespass against the statutory manager of the reserve.
Conversion — Vicarious Liability of Employer — Requirement of Proof
To establish conversion, there must be a positive wrongful act of dealing with goods in a manner inconsistent with the owner's rights, and an intention to deny the owner's rights. An employer is vicariously liable for acts of employees or agents done within the scope of employment. Where plaintiffs fail to prove that alleged wrongdoers were employees or agents of the defendant, or that the defendant's agents committed the acts complained of, the claim of conversion fails.

Legislation cited (18)

Cases cited (3)

  • Lutaaya v Starling Civil Engineering Co (Supreme Court Civil Appeal No. 11 of 2002)
  • Oketha Dafala Valente v Attorney General (High Court Civil Suit No. 69 of 2004)
  • East African Cases on the Law of Tort by E. Veitch (1972 Edition) at page 78

Full judgment

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Ochieng_and_3_Others_v_Attorney_General_and_Another_(Civil_Suit_934_of_2004)_[2021]_UGHCLD_483_(13_December_2021)
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.