Wakilii

Okidi Galdino Nyemoi v Hellen Lalam (Civil Appeal No. 111 of 2024)

High Court · [2025] UGHC 583 · 2025 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court judgment concerning ownership of customary land
Decision
Appeal dismissed; respondent's ownership of customary land confirmed; appellant evicted; permanent injunction granted restraining appellant from accessing the land; general damages award set aside

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the appeal, upholding the trial court's finding that the appellant failed to prove the existence of a land sale agreement for the disputed customary land. The court found that no credible evidence established the agreement's existence or its alleged destruction during the LRA insurgency. The court set aside the award of general damages but upheld orders for the respondent's ownership, eviction of the appellant, and a permanent injunction. Costs were awarded to the respondent.

Outcome

Appeal dismissed; respondent's ownership of customary land confirmed; appellant evicted; permanent injunction granted restraining appellant from accessing the land; general damages award set aside

Facts

The appellant claimed to have purchased customary land from the respondent's late husband in 1994 under a written agreement allegedly destroyed during the LRA insurgency. The respondent denied any sale, asserting the land was family land inherited from her late husband who died in 2001. The trial court found the appellant failed to prove the existence of the alleged sale agreement. The appellant and his witnesses gave inconsistent testimony regarding the purchase price (UGX 38,000 versus UGX 35,000) and provided no credible evidence of the agreement's destruction. The respondent testified she never consented to any sale and had been utilizing the land as family land for sustenance.

Issues

  1. Whether the trial magistrate erred in nullifying the alleged land sale agreement by applying the requirement of spousal consent retrospectively.
  2. Whether the trial magistrate erred in considering evidence of the seller's infirmity not adduced before court.
  3. Whether the trial magistrate erred in awarding remedies not pleaded or prayed for by the respondent.
  4. Whether the trial magistrate erred in failing to conduct a locus in quo visit.

Orders

  • Appeal substantially dismissed.
  • Reliefs granted by the trial magistrate upheld save for the award of UGX 2,000,000 in general damages which is set aside.
  • Appellant to bear costs in the appeal and in the trial court.

Rules and key headnotes

Evidence — Secondary Evidence — Proof of Lost Documents — Burden of Proof
Where a party claims a document was destroyed and seeks to rely on secondary evidence of its contents under sections 62 and 64(1)(c) of the Evidence Act, the party bears the burden of establishing both the fact of the document's existence and the circumstances of its destruction with cogency and plausible evidence.
Evidence — Oral Testimony — Inconsistencies — Credibility
Material inconsistencies in the testimony of a plaintiff and his witnesses on core terms of an alleged agreement, such as the purchase price, significantly impeach their credibility and may lead to rejection of their claim as unsubstantiated.
Land & Property — Customary Land — Family Land — Spousal Consent under Land Act s.40
The requirement for spousal consent to the sale of family land under section 40 of the Land Act came into force on 2 July 1998 with the enactment of the Land Act 1998, and does not apply retrospectively to transactions executed before that date.
Civil Procedure — Remedies — Counter-Claim — Affirmative Relief without Counter-Claim
A defendant who does not file a formal counter-claim but includes specific prayers in the written statement of defence may be granted those specific prayers where proved, but is not entitled to affirmative remedies such as general damages that were neither pleaded nor proved.
Civil Procedure — Appeals — First Appeal — Duty of Appellate Court
On a first appeal under section 80 of the Civil Procedure Act, the appellate court has a duty to review, reconsider and re-evaluate the evidence afresh, effectively rehearing the case and making up its own mind, but should only interfere with the trial court's findings where errors occasioned a miscarriage of justice.
Land & Property — Customary Land — Locus in Quo — Necessity of Visit
In matters concerning customary land, particularly regarding ambiguities in dimensions, size and location, it is essential to visit the locus in quo to reduce the potential for granting unenforceable orders or enabling land grabbers claiming fictitious acreages; however, where a party has failed to establish any entitlement to the land, failure to conduct a locus visit occasions no miscarriage of justice.

Legislation cited (11)

Cases cited (26)

  • Kifamunte Henry v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • Pandya v R [1957] EA 336
  • Okeno v Republic [1972] EA 32
  • Charles B. Bitwire v Uganda (Supreme Court Criminal Appeal No. 23 of 1985)
  • Fredrick Zaabwe v Orient Bank Ltd (Supreme Court Civil Appeal No. 4 of 2016)
  • Father Begumisa Nanensio & 3 Others v Eric Tiberaga (Supreme Court Civil Appeal No. 17 of 2000)
  • Lovinsa Nankya v Nsibambi [1980] HCB 81
  • Manigaruha Gashumba v Sam Nkundiye (Court of Appeal No. 23 of 2005)
  • Acaa Bilentina v Okello Michael (High Court Civil Appeal No. 53 of 2015)
  • Tumusiime Jacenta v Mubangizi Stephen & Another (High Court Civil Appeal No. 25 of 2022)
  • Bernard Tumwesigire v Maria Tushemereirwe (High Court Miscellaneous Application No. 140 of 2013)
  • Lanyero Ketty v Okene Richard & Hellen Abwola (High Court Civil Appeal No. 29 of 2018)
  • Oryem David v Omony Philip (High Court Civil Suit No. 100 of 2018)
  • Dr. Badru Ssessimba v Nakaseke District Service Commission & Another (Miscellaneous Cause No. 16 of 2018)
  • David Kyeyago & 2 Others v Yokana Kyeyago & 2 Others (High Court Civil Appeal No. 80 of 2011)
  • Takiya Kashwahiri & Another v Kajungu Denis (Court of Appeal Civil Appeal No. 85 of 2011)
  • Robert Coussens v The Attorney General (Supreme Court Civil Appeal No. 8 of 1999)
  • Ms. Fang Min & Crane Bank Ltd v Belex Tours and Travel Ltd (Supreme Court Civil Appeal Nos. 6 of 2013 & 1 of 2014)
  • Opedo Patrick & 16 Others v Kiconco Medard (High Court Civil Revision No. 33 of 2018)
  • Yaseri Waibi v Elisa Lusi Byandala [1982] HCB 28
  • Fernandes v Noroniha [1969] EA 506
  • De Souza v Uganda [1967] EA 784
  • Yeseri Waibi v Edisa Byandala [1982] HCB 28
  • Nsibambi v Nankya [1980] HCB 81
  • Ddamulira Aloysius v Nakijoba Josephine (High Court Civil Appeal No. 59 of 2019)
  • Bongole Geoffrey v Agnes Nakiwala (Court of Appeal Civil Appeal No. 76 of 2015)

Full judgment

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Okidi Galdino Nyemoi v Hellen Lalam (Civil Appeal No. 111 of 2024) [2025] UGHC 583 (29 July 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.