Wakilii

Okwel v Kasaliko and 3 Others (Civil Suit 928 of 2019)

High Court · [2024] UGHCLD 124 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for trespass, eviction, and damages concerning registered land
Decision
Defendants declared trespassers and ordered to vacate the suit land; plaintiff awarded damages and permanent injunction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the defendants are trespassers on the plaintiff's registered land. The plaintiff proved ownership by registered title derived from beneficiaries of the late Juma Sekiziyivu's estate. The defendants failed to establish bonafide or lawful occupancy under Land Act s.29, having departed from their pleadings and producing no credible evidence of independent interest. A registered proprietor in possession of valid certificates of title can sue in trespass. Eviction ordered, general damages of UGX 50,000,000 awarded, and permanent injunction granted.

Outcome

Defendants declared trespassers and ordered to vacate the suit land; plaintiff awarded damages and permanent injunction

Facts

The plaintiff purchased five plots of land (Bulemezi Block 8 Plots 453-457) between July 2015 and August 2016 from beneficiaries of the estate of the late Juma Sekiziyivu, whose estate had been distributed by the Administrator General. The plaintiff was registered as proprietor and fenced the land in August 2017. In January 2018, the plaintiff found the fence vandalized. The defendants claimed bonafide occupancy, asserting that the late Yusuf Ssekitoleko (father/husband of the defendants) had purchased the land from his sisters (daughters of Juma Sekiziyivu) and that they had lived on the land for decades. The defendants erected structures and cultivated crops on the land. The Administrator General's final accounts confirmed distribution of the estate to the daughters, who subsequently sold portions to the plaintiff. No transfer was ever completed in favor of the late Yusuf Ssekitoleko, and no probate was issued for his purported will.

Issues

  1. Whether the defendants are trespassers on the suit land comprised in Bulemezi Block 8 Plots 453, 454, 455, 456 and 457 at Ndeeba.
  2. What remedies are available to the parties.

Orders

  • Declaration that the defendants are trespassers on the plaintiff's land comprised in Bulemezi Block 8 Plot Nos 453-457 at Ndeeba.
  • The defendants to deliver up vacant possession of the suit land.
  • The defendants to be evicted from the suit land.
  • A permanent injunction refraining the defendants from further trespass.
  • General damages of UGX 50,000,000 awarded to the plaintiff.
  • Interest on general damages at the rate of 10% per annum from the date of judgment until payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Trespass to Land — Elements
Trespass to land occurs when a person makes an unauthorized entry upon land thereby interfering, or portending to interfere, with another person's lawful possession of that land. Trespass is committed not against the land, but against the person in actual or constructive possession.
Trespass to Land — Burden of Proof
To succeed in an action for trespass to land, the plaintiff must prove: (i) that the disputed land belonged to the plaintiff; (ii) that the defendant entered upon it; and (iii) that the entry was unlawful and made without permission or that the defendant had no claim, right, or interest in the disputed land.
Bonafide Occupancy — Land Act s.29 — Requirements
A bonafide occupant under Land Act s.29(2) must have occupied and utilized or developed the land unchallenged by the registered owner or the registered owner's agent for twelve years or more before the coming into force of the Constitution. Children and widows of a deceased landowner cannot claim bonafide or lawful occupancy of the deceased's estate where the estate has been distributed and beneficiaries have received their shares.
Certificate of Title — Conclusive Evidence — Registration of Titles Act s.59
A certificate of title issued under the Registration of Titles Act is conclusive evidence that the person named as proprietor is seized or possessed of the estate or interest described. A person in possession of a valid title has legal possession and can sue in trespass.
Wills — Probate — No Rights Without Grant of Probate
Under Succession Act s.188, no right as executor or legatee can be established in any court unless a court of competent jurisdiction has granted probate of the will under which the right is claimed or has granted letters of administration. Without proof of probate, no person may claim under a purported will.
Pleadings — Departure from Pleadings
A party who pleads one ground in their written statement of defence but advances a different ground in witness statements has departed from their pleadings. Such departure undermines the party's case and gives credence to the opposing party's evidence.
Burden of Proof — Evidence Act s.103
The burden of proof as to any particular fact lies on the person who wishes the court to believe in its existence, unless the law provides that proof of that fact shall lie on any particular person.

Legislation cited (4)

Cases cited (3)

  • Lutaaya v Sterling Civil Engineering Co (Supreme Court Civil Appeal No. 11 of 2002)
  • Lubowa v Kitara Enterprises (Court of Appeal Civil Appeal No. 4 of 1987)
  • Moya drift farm Ltd versus Theuri (1973) E.A 114

Full judgment

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

Okwel_v_Kasaliko_and_3_Others_(Civil_Suit_928_of_2019)_[2024]_UGHCLD_124_(24_May_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.