Wakilii

Okabo Quirino v Komagum (Civil. App. No.7 Of 2007) (Civil. App. No.7 of 2007)

High Court · [2009] UGHC 28 · 2009 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 concerning land eviction and compensation
Decision
Appellant ordered to vacate land and remove buildings and trees without compensation; reduced special damages award upheld

Observed later treatment

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Holding

Held that special damages must be a direct consequence of the dispute; motor vehicle repair costs incurred in an accident were too remote and disallowed. Appellant's failure to counterclaim for compensation or prove quantum meant the trial court was justified in ordering removal of buildings and trees without compensation. Appeal partly allowed only as to the disallowed motor vehicle repair costs.

Outcome

Appellant ordered to vacate land and remove buildings and trees without compensation; reduced special damages award upheld

Facts

The respondent held leasehold title to land measuring 90.6 hectares in Aber Sub-county, Lira district. The appellant had been allowed to temporarily stay on the land initially for government tsetse fly control work, and later claimed insecurity due to cattle rustling. The respondent sued for eviction. The trial court found the appellant was on the land temporarily by permission, ordered him to vacate, and awarded the respondent special damages of UGX 480,900 for fuel costs and UGX 1,254,738 for motor vehicle repairs incurred while traveling to resolve the dispute. The appellant sought compensation for properties on the land but had not counterclaimed or proved quantum.

Issues

  1. Whether the trial Chief Magistrate erred in awarding special damages for subject matter not connected to the suit.
  2. Whether the trial Chief Magistrate erred in not allowing compensation for the properties of the appellant.

Orders

  • Appeal partly allowed to the extent that the sum of UGX 1,254,738 for motor vehicle repairs is disallowed.
  • Appeal otherwise dismissed.
  • Decree in the suit amended accordingly.
  • Appellant to pay 2/3 of the costs of the appeal to the respondent.

Rules and key headnotes

Special Damages — Remoteness — Direct Consequence Test
Special damages are recoverable only where they are proved to be a direct consequence of the dispute; damages arising from an accident during travel connected to the dispute are too remote where the circumstances of the accident are not explained and it cannot be established that the accident resulted directly from the dispute.
Counterclaim — Burden of Proof — Pleadings
Where a defendant seeks compensation for properties on disputed land, the burden is on the defendant to counterclaim for compensation and to establish, on a balance of probabilities, the quantum of that compensation through proper pleadings and evidence.
Pleadings — Failure to Plead and Prove — Effect on Relief
A party who fails to plead a claim in their written statement of defence and adduces no evidence as to the articles claimed or their values cannot obtain relief on that claim, even where represented by counsel, and a court is justified in refusing to grant the unpleaded relief.

Full judgment

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

Okabo Quirino v Komagum (Civil. App. No.7 Of 2007) (Civil. App. No.7 of 2007) [2009] UGHC 28 (29 January 2009)
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.