Wakilii

Rwomushana v Kampala Capital City Authority (Civil Appeal 231 of 2016)

Court of Appeal · [2019] UGCA 2110 · 2019 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First appeal from High Court dismissal of a civil suit for compensation over demolished structures and impounded livestock
Decision
Appeal dismissed; High Court judgment upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal dismissed the appeal, upholding the High Court. It found the suit land was a road reserve, evidenced by the appellant's own applications for permission to build there, and that mere application for a permit did not confer permission. The appellant's structures were permanent buildings requiring approved plans under the Town and Country Planning Act and Public Health (Building) Rules. Grazing without a permit in a road reserve contravened the Local Governments (Livestock and Companion Animals) Ordinance 2006. The impounding and sale of livestock after seven days were lawful, no compensation being payable, and the appellant failed to prove special damages or undervalue. Each party bore its own costs given the appellant's social status.

Outcome

Appeal dismissed; High Court judgment upheld

Facts

The appellant owned a kibanja at 5th/6th Street, Industrial Area, which she had occupied since 2004 and used for agriculture, residence and animal rearing, having built a kraal, house and other structures. On 13 October 2009, the respondent's officials impounded her animals from the kraal and later sold them at the city abattoir on 3 November 2009. Her structures were demolished and her building materials, equipment and tools retained. The respondent contended she was illegally occupying a road reserve and grazing livestock in Kampala without a valid permit, and that the livestock was impounded and disposed of according to law. The appellant had applied to the Senior Principal Assistant Town Clerk and the Regional Civil Engineer, Rift Valley Railways, for permission to erect a temporary structure on the road and railway reserve, but there was no evidence such permission was granted. She admitted having no approved building plans from KCC and no permit to rear animals. The High Court dismissed her suit, and she appealed.

Issues

  1. Whether the trial Judge erred in holding that the suit land was a road reserve.
  2. Whether the appellant had permission from the requisite authorities to use the land for grazing and construction.
  3. Whether the respondent's demolition of the appellant's structures and impounding and sale of her livestock were lawful.
  4. Whether the trial Judge properly evaluated the evidence on record, including the claim for special damages and value of the impounded property.

Orders

  • Appeal dismissed for lack of merit.
  • Judgment of the trial Court upheld.
  • Each party to bear its own costs given the social status of the appellant.

Rules and key headnotes

Civil Procedure — First Appeal — Duty of First Appellate Court to Re-evaluate Evidence
A first appellate court has a duty to review and reconsider the evidence and materials before the trial judge and to reach its own conclusions, while carefully weighing the judgment appealed from rather than disregarding it.
Land & Property — Road Reserves — Proof and Effect of Occupier's Application for Permission
Where a person applies to the relevant authorities for permission to erect a temporary structure on a road reserve, those applications may serve as evidence that the land is a road reserve and that the applicant was aware of that status.
Administrative Law — Permits — Application Distinguished from Grant
The mere application for a permit does not confer the permit upon the applicant; in the absence of evidence that permission was granted, the applicant remains without lawful authorisation.
Land & Property — Town and Country Planning — Definition of Building and Requirement of Approved Plans
A permanent structure of bricks and iron sheets falls within the definition of a building under the Town and Country Planning Act, requiring approved building plans and a permit, and cannot be treated as a mere use of land.
Administrative Law — Impounding and Sale of Livestock — Lawful Seizure and No Compensation
A local authority may lawfully sell impounded livestock that remains unclaimed for not less than seven days where the owner has not paid the prescribed redemption fee, and no compensation is payable for the lawful seizure, detention, impounding or sale of livestock under the governing ordinance.
Evidence — Special Damages — Burden and Standard of Proof
A claimant bears the burden of strictly proving special damages, and undated receipts not in the claimant's name are insufficient; failure to adduce evidence that impounded property was sold at an undervalue defeats the claim.

Legislation cited (18)

  • Roads Act Cap 358 s.1
  • Roads Act Cap 358 s.2
  • Town and Country Planning Act Cap 246 s.1
  • Town and Country Planning Act Cap 246 s.1(2)
  • Town and Country Planning Act Cap 246 s.5
  • Town and Country Planning Act Cap 246 s.6
  • Town and Country Planning Act Cap 246 s.6(1)
  • Public Health (Building) Rules S.I 281-1 Rule 4(a)
  • Public Health (Building) Rules S.I 281-1 Rule 6(1)
  • Public Health (Building) Rules S.I 281-1 Rule 13
  • Public Health (Building) Rules S.I 281-1 Rule 36
  • Local Governments (Kampala City Council) (Livestock and Companion Animals) Ordinance 2006 s.5
  • Local Governments (Kampala City Council) (Livestock and Companion Animals) Ordinance 2006 s.6(a)
  • Local Governments (Kampala City Council) (Livestock and Companion Animals) Ordinance 2006 s.7(2)
  • Local Governments (Kampala City Council) (Livestock and Companion Animals) Ordinance 2006 s.8
  • Local Governments (Kampala City Council) (Livestock and Companion Animals) Ordinance 2006 s.9
  • Local Governments (Kampala City Council) (Livestock and Companion Animals) Ordinance 2006 s.10
  • Judicature (Court of Appeal Rules) Directions Rule 30

Cases cited (1)

  • Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)

Full judgment

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Rwomushana v Kampala Capital City Authority (Civil Appeal 231 of 2016) [2019] UGCA 2110 (30 October 2019)
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.