Wakilii

Oryem Oringa Joseph v Gulu FM Radio (Civil Suit 2 of 2016)

High Court · [2017] UGHC 132 · 2017 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of premises, rent arrears, and damages following plaintiff's purchase of property occupied by defendant tenant
Decision
Defendant ordered to vacate premises and pay rent arrears, repair costs, general damages, and interest; permanent injunction granted restraining further trespass

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Holding

Held that where a plaintiff lawfully purchased property from a cooperative society and obtained registered title, and the defendant tenant continued to occupy the premises without paying rent despite notice of the change of ownership, the defendant became a trespasser. The court found that the corporate veil could not be used to defraud the plaintiff where the managing director of both the selling cooperative and the defendant company was the same person. Judgment entered for the plaintiff with orders for eviction, rent arrears, repair costs, general damages, and a permanent injunction.

Outcome

Defendant ordered to vacate premises and pay rent arrears, repair costs, general damages, and interest; permanent injunction granted restraining further trespass

Facts

The plaintiff purchased property at Plot 10, Market Street, Gulu Municipality from Urib Wunu Mon For Cooperative Savings and Credit Society (UWMFO) on 25 March 2014 for UGX 200,000,000. Ownership was transferred and the plaintiff's name entered on the certificate of title on 22 December 2014. At the time of purchase, the defendant, Gulu FM Radio, occupied the premises as a tenant of UWMFO, paying monthly rent of UGX 500,000. After the sale, the plaintiff notified the defendant of the change of ownership and demanded vacant possession by letter dated 24 November 2015. The defendant refused to vacate or pay rent to the plaintiff. The defendant had made substantial unauthorized modifications to the premises. Notably, Christopher Acire served as both Chairman of UWMFO's Board of Directors and Managing Director of Gulu FM Radio.

Issues

  1. Whether the defendants were trespassers upon the suit premises on Plot 10, Market Street, Gulu Municipality.
  2. What remedies are available to the parties.

Orders

  • An eviction order is issued against the defendant, Gulu FM Radio Station.
  • The defendant shall pay the plaintiff UGX 10,500,000/= as rent arrears owed from March 2014 to date.
  • The defendant shall pay the plaintiff UGX 40,000,000/= being repair costs to the suit premises.
  • General damages of UGX 80,000,000/= awarded for mental stress and inconveniences caused to the plaintiff.
  • A permanent injunction is issued restraining the defendant from further trespassing on the suit premises.
  • Interest at 25% per annum on the above sums from the date of judgment till payment in full.
  • Costs of the suit awarded to the plaintiff.
  • Special damages for alternative rental fees and treatment expenses denied as not pleaded.

Rules and key headnotes

Land Law — Registered Title — Certificate of Title as Conclusive Proof of Ownership
Under Section 54 of the Registration of Titles Act, a Certificate of Title to land is conclusive proof of ownership and of all the particulars and facts contained therein, save for fraud.
Landlord and Tenant — Change of Ownership — Effect on Tenancy
Where property is lawfully sold and ownership transferred to a new landlord, a tenant who is given notice of the change of ownership and continues to occupy without paying rent to the new landlord becomes a trespasser.
Company Law — Corporate Veil — Piercing the Corporate Veil to Prevent Fraud
The law will not allow a person to use separate corporate entities to defraud another. Where the same individual controls both a seller company and a purchaser/tenant company, equity will not permit reliance on the corporate veil to deny knowledge of transactions between the two entities.
Trespass — Trespass to Land — Refusal to Vacate After Notice
A tenant who willfully ignores express notice to vacate premises following a change of ownership commits trespass on the property.
Civil Procedure — Striking Out Defence — Order 6 Rule 30 — Defence Not Disclosing Reasonable Defence
Under Order 6 rule 30 of the Civil Procedure Rules, a defence may be struck out where it is frivolous, vexatious, and does not disclose any reasonable or plausible defence to the suit.
Equity — Clean Hands Doctrine — Requirement for Party Seeking Equitable Relief
Equity demands that a person who seeks to rely on equity must come to court with clean hands. A party cannot benefit from equitable doctrines where their conduct amounts to fraud or bad faith.

Legislation cited (2)

Cases cited (3)

  • Uganda Posts and Telecommunications Ltd v Kitimba (Civil Appeal No. 36 of 1995)
  • Nakabali v Masaka District Growers [1995] HCB 38
  • Jones v Smith (1841) I Hare 43

Full judgment

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

Oryem Oringa Joseph v Gulu FM Radio (Civil Suit 2 of 2016) [2017] UGHC 132 (29 May 2017)
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.