Wakilii

Rosemary Binwomukama and Olivia Busobozi Bahwayo v Uganda Wildlife Authority (Civil Appeal No. 1 of 2014)

Court of Appeal · [2018] UGCA 250 · 2018 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Second appeal from the High Court decision on a first appeal from the Chief Magistrate's Court
Decision
Second appeal dismissed; High Court decision cancelling the certificates of title and vesting the suit properties in Uganda Wildlife Authority upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On a second appeal, the Court of Appeal held that the first appeal to the High Court was filed in time because, under section 79(2) of the Civil Procedure Act, the appeal period did not begin to run until the record of proceedings was ready, and the record was not ready by the relevant date. The Court further held that the appellate Judge had not based his decision on fraud but on the fact that Uganda Land Commission held only a leasehold in trust for Uganda Wildlife Authority, whose employees were in physical occupation, and the alienation of the land without involving the occupants offended the rule of natural justice, rendering the acquisitions void. The appeal was dismissed with costs.

Outcome

Second appeal dismissed; High Court decision cancelling the certificates of title and vesting the suit properties in Uganda Wildlife Authority upheld

Facts

The appellants sued Uganda Wildlife Authority at the Chief Magistrate's Court, Fort Portal, in 2008 for trespass on land comprised in plots 7 and 9 Tibaitwa Road, Fort Portal Municipality. The respondent denied the claim, asserting it owned and occupied the land. The Magistrate found for the appellants. The respondent appealed to the High Court, which upheld the appeal, finding that the suit properties had vested in Uganda Wildlife Authority by law and were not part of the Government pool houses scheme for disposal. The High Court held that the certificates of title obtained by the appellants were acquired in contravention of disposal rules and the rule of natural justice, since the respondent's employees were in physical occupation and were not consulted. The certificates were cancelled and registration ordered in the respondent's name. The appellants appealed to the Court of Appeal on two grounds: that the first appeal was time barred and that a finding of fraud was made though fraud was not pleaded.

Issues

  1. Whether the first appeal to the High Court was time barred under the Civil Procedure Act.
  2. Whether the appellate Judge erred in making a finding of fraud when fraud was not pleaded or proved.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Appeals — Time for Filing — Record of Proceedings
Under section 79(2) of the Civil Procedure Act, the period for filing an appeal from a Magistrate's Court to the High Court does not begin to run until the record of proceedings sought to be appealed is ready, where the appellant has applied for the record.
Administrative Law — Natural Justice — Alienation of Land — Right to be Heard
Any alienation of land by a controlling authority done without involving the occupants of the land offends the rule of natural justice (audi alteram partem) and is void, since the occupants are denied the opportunity to put their case to the authority.
Land & Property — Bona Fide Purchaser — Notice from Physical Occupation
Physical possession of land by a party serves as notice to anyone dealing with the same land of an adverse interest therein, and a person who acquires registered title in disregard of such occupation cannot be a bona fide purchaser for value without notice.
Land & Property — Certificate of Title — Indefeasibility — Exception for Breach of Natural Justice
A breach of the rules of natural justice in the alienation of land is an exception to the conclusiveness of a certificate of title under section 56 of the Registration of Titles Act, and such acquisition may be rendered a nullity.

Legislation cited (5)

Cases cited (4)

  • Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1992)
  • John Katarikawe Vs William Katarikawe & Anor [1977] HCB 187
  • Matova & 2 others Vs Sseviri & Anor [1979] HCB 174
  • Venansio Bamweyaka & 5 others v Kampala District Land Board & Another (Civil Appeal No. 20 of 2001)

Full judgment

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

Rosemary Binwomukama and Olivia Busobozi Bahwayo v Uganda Wildlife Authority (Civil Appeal No. 1 of 2014) [2018] UGCA 250 (25 October 2018)
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.