Paul M. Mugerwa & 2 Ors. v Saava Stephen Kikonyogo & 4 Ors. (CIVIL SUIT NO. 128 OF 2009) (CIVIL SUIT NO. 128 OF 2009)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that the 1st defendant had no proprietary or beneficial interest in land formerly described as Kyadondo Block 265 plot 148 at Bunamwaya, having mortgaged and lost all interest through sale by the mortgagee bank. The purported sale agreements by the 1st defendant to the 2nd through 5th defendants were declared illegal, null and void ab initio. The defendants were declared trespassers with no right to occupy the plaintiffs' registered land. Judgment on admission was entered for the plaintiffs with orders for vacant possession, general damages of UGX 50,000,000, and costs.

Outcome

Judgment on admission entered in favour of the plaintiffs with declarations of title, orders for eviction, general damages and costs. Counterclaim dismissed.

Facts

The three plaintiffs sued five defendants claiming declarations that the 1st defendant had no proprietary or beneficial interest in land formerly described as Kyadondo Block 265 plot 148 at Bunamwaya (later subdivided into multiple plots registered in the plaintiffs' names since 1969). The plaintiffs alleged the 1st defendant had mortgaged his interest to a bank which sold it, leaving him with no remaining interest. Despite this, the 1st defendant purported to sell pieces of the land to the 2nd through 5th defendants who occupied and constructed on portions of the plaintiffs' registered land. The plaintiffs sought declarations that these sales were null and void, that all defendants were trespassers, and orders for eviction, injunctions and damages. Following scheduling conferences and survey reports confirming the disputed land was within the plaintiffs' boundaries, the defendants abandoned their defence and counterclaim and consented to judgment being entered against them on all claims.

Issues

1. Whether the 1st defendant sold to the rest of the defendants Bibanja interests.
2. Whether the suit land is outside the boundaries of the plaintiffs' suit land.
3. Whether the plaintiffs are entitled to declarations that the 1st defendant has no proprietary or beneficial interest in the suit property.
4. Whether the sale agreements between the 1st defendant and the 2nd, 3rd, 4th and 5th defendants are illegal, null and void.
5. Whether the 2nd, 3rd, 4th and 5th defendants are trespassers and the plaintiffs are entitled to vacant possession.
6. What general damages, if any, the plaintiffs are entitled to.

Orders

• Declaratory judgment issued that the 1st defendant has no proprietary or beneficial interest in property formerly described as Kyadondo Block 265 plot 148 at Bunamwaya.
• Declaratory judgment issued that the 1st defendant lost all interests in the property after mortgaging and the bank's sale.
• Declaratory judgment issued that the sale agreements between the 1st defendant and the 2nd, 3rd, 4th and 5th defendants are illegal, null and void ab initio.
• Declaratory judgment that the defendants jointly and severally are trespassers of the land comprised in the plaintiffs' titles.
• Declarations that the plaintiffs are entitled to vacant possession of the parts encroached by each defendant.
• Injunctions restraining the defendants from carrying out unlawful and illegal constructions on the plaintiffs' land.
• Orders restraining the defendants from holding out to be owners of any interest in the plaintiffs' registered land.
• Declarations that the defendants' acts violate the plaintiffs' property rights under Article 26 of the Constitution.
• Consequential orders of eviction issued against the defendants from the encroached portions of the plaintiffs' land.
• Permanent injunction restraining the defendants, their servants or agents from interfering with the plaintiffs' land.
• General damages awarded in the sum of UGX 50,000,000 to be spread equally among the five defendants.
• Costs of the suit awarded to the plaintiffs.
• Counterclaim dismissed with no orders as to costs.

Rules and key headnotes

Legislation cited (2)

• Constitution of Uganda Article 26
• Civil Procedure Rules Order 12 rule 1

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Nakitende & Anor v Kigozi & 2 Ors (Misc. Application No. 495 of 2016)
• Mugerwa & Anor v Kiganda (Civil Appeal No. 09 of 2012)

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