Wakilii

Ogwangemikaya v Omongin (Civil Appeal. 20 of 2008)

High Court · [2014] UGHCCD 87 · 2014 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Grade One Magistrate at Katakwi following Land Tribunal decision on land recovery claim
Decision
Appeal allowed; respondent permanently restrained from claiming or interfering with the twenty gardens of land decreed to the appellant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the respondent's claim to twenty gardens of land based on an oral gift from his grandfather was defeated by the appellant's adverse possession. Where the grantor (Egwang) had been displaced from the land in 1952 and only attempted to reclaim it in 1993, more than twelve years had elapsed, extinguishing the right of action under Limitation Act section 5. The appellant, who had been in continuous possession since the 1950s, acquired title by adverse possession. Appeal allowed.

Outcome

Appeal allowed; respondent permanently restrained from claiming or interfering with the twenty gardens of land decreed to the appellant

Facts

The respondent sued the appellant for recovery of twenty gardens of land in Obwapesur, Usuk sub-county, Katakwi district, claiming the land was gifted to him by his maternal grandfather Egwang Matias in March 1995. The appellant's family had been in possession of the land since the 1950s. In 1952, a valley dam was constructed, displacing several people including Egwang. The appellant's father Abyang died in 1956, and the appellant and his brothers remained on the land. The appellant retired to Usuk in 1981. In 1993, Egwang complained to the LC1 Chairman seeking to reclaim the land from the appellant. The RC committee decided in Egwang's favour ex parte, but the appellant ignored the decision and continued in possession. In 1995, Egwang showed the respondent the boundaries of the land. The respondent claimed he began using the land after 1995 but was prevented by the appellant's sons in 2003. The trial magistrate found for the respondent. The appellant appealed.

Issues

  1. Whether the respondent's claim to land was barred by the Limitation Act given the appellant's adverse possession.
  2. Whether the trial magistrate erred in failing to visit the locus in quo.
  3. Whether the respondent proved his claim to the disputed twenty gardens of land.
  4. Whether the decision of the trial magistrate was against the weight of evidence.

Orders

  • Judgment and orders of the trial magistrate set aside.
  • Permanent injunction issued restraining the respondent from laying claim to or interfering with the quiet enjoyment of the twenty gardens decreed to the appellant.
  • Each party to bear its own costs.

Rules and key headnotes

Adverse Possession — Limitation Period — Effect of Dispossession on Subsequent Gift
Where a grantor has been dispossessed of land and more than twelve years have elapsed before any attempt is made to reclaim it, the right of action is extinguished under section 5 of the Limitation Act, and any subsequent purported gift of that land by the dispossessed owner confers no title on the donee.
Adverse Possession — Continuous Possession — Burden of Proof
A person claiming title by adverse possession must demonstrate continuous possession for at least twelve years. Where evidence shows a family has been in uninterrupted possession since the 1950s and attempts to dispossess them in 1993 failed, the burden shifts to the claimant to prove superior title within the limitation period.
Adverse Possession — Permission Doctrine — When Permissive Possession Becomes Adverse
Possession gained by permission becomes adverse possession when the person remains in possession after the permission has been withdrawn and the statutory limitation period has run.
Appellate Court Powers — Visit to Locus in Quo — Additional Evidence
Under section 81 of the Civil Procedure Act, an appellate court may in its discretion allow additional evidence including a visit to the locus in quo where the trial court failed to conduct such a visit and it is necessary for the just determination of the appeal.
Limitation Act — Section 5 — Right of Action — Accrual
Under section 5 of the Limitation Act, no action shall be brought to recover land after twelve years from the date the right of action accrued. The right of action accrues when the claimant or his predecessor in title is dispossessed or discontinues possession.

Legislation cited (2)

Cases cited (1)

  • Colchester Borough Council v Smith [1991] Ch 448

Full judgment

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

Ogwangemikaya v Omongin (Civil Appeal. 20 of 2008) [2014] UGHCCD 87 (26 June 2014)
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.