Wakilii

Sande John v Kyomukama Glorious (High Court Civil Suit Number 024 of 2022)

High Court · [2026] UGHC 384 · 2026 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of ownership and eviction
Decision
Plaintiff declared rightful owner; defendant ordered to vacate and deliver vacant possession; permanent injunction granted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the plaintiff proved ownership of six pieces of land purchased from his mother through written agreements between 1995 and 2020, supported by witness testimony and actual possession. The defendant, the plaintiff's sister, failed to prove her claim that the land remained part of their deceased mother's estate. The court found the defendant to be a trespasser and ordered her eviction, awarding the plaintiff general damages of UGX 15,000,000 and a permanent injunction.

Outcome

Plaintiff declared rightful owner; defendant ordered to vacate and deliver vacant possession; permanent injunction granted

Facts

The plaintiff and defendant are siblings. Their father died and the plaintiff helped raise his siblings including the defendant. Between 1995 and 2020, the plaintiff purchased six pieces of land from their mother Mashemererwa Kellen through written agreements, taking immediate possession. The purchases were witnessed by relatives and the proceeds were used for school fees for other siblings and the mother's cancer treatment. The mother died and the defendant entered the land and cultivated it, claiming it remained part of the deceased's estate. The defendant alleged she had provided money to her mother to purchase the land and that their mother had mentioned the land in a meeting in July 2020. The plaintiff requested the defendant to vacate but she refused, claiming superior ownership.

Issues

  1. Whether or not the Plaintiff is the lawful owner of the suit land.
  2. Whether the Defendant trespassed on the suit land.
  3. What remedies are available to the Parties.

Orders

  • The Plaintiff is the rightful owner of the suit land.
  • The defendant is a trespasser on the suit land.
  • A permanent injunction is issued against the Defendant to cease interfering with the quiet enjoyment of the suit land by the Plaintiff.
  • Vacant possession of the suit land should be given to the Plaintiff by the Defendant.
  • General damages of UGX 15,000,000 awarded to the Plaintiff.
  • Interest on general damages and costs at Bank Rate per annum.
  • Costs in this suit are to be borne by the Defendant.

Rules and key headnotes

Evidence — Burden of Proof — Civil Cases — Standard of Proof on Balance of Probabilities
In civil cases, the burden of proof rests on the party who asserts the affirmative of the issue in dispute, and the standard of proof required is on a balance of probabilities.
Land & Property — Ownership — Proof of Title — Written Agreements and Actual Possession
Ownership of land may be established through written sale agreements coupled with evidence of actual possession and control, particularly where the purchaser demonstrates exclusive physical control over the land and knowledge of its boundaries.
Land & Property — Possession — Factual Possession — Degree of Exclusive Physical Control
Factual possession of land signifies an appropriate degree of exclusive physical control, and for vast lands, possession requires knowledge of boundaries and the ability to exercise control over them. Possession is good against all the world except the person who can show a good title.
Tort Law — Trespass to Land — Definition — Enforcement of Possessory Rights
Trespass to land occurs when a person directly enters upon land in possession of another without authorization. An action for trespass is for enforcement of possessory rights rather than proprietary rights, and protects the right of the owner in possession to exclusive possession.
Civil Procedure — Locus in Quo — Purpose — Verification of Evidence in Land Disputes
The purpose of visiting the locus in quo in land matters is to cross-check on the evidence adduced during trial, particularly where parties refer to boundaries, landmarks, physical features, and neighbours, allowing the court to ascertain facts that cannot be assumed to exist without physical verification.

Legislation cited (4)

Cases cited (15)

  • Dr Karuhanga Vincent v NIC & URA [2008] HCB 157
  • Miller v Minister of Pensions [1947] 2 All ER 372
  • Katumba v Kenya Airways (Civil Appeal No. 9 of 2008)
  • Deo Matsanga Vs Uganda 1998 KALR
  • David Acar and Others v Alfred Acar (1987) HCB 60
  • Yaseri Waibi v EDISA Byandala (1982) HCB 28
  • Okoth Owor v Sunday Muvawala (HCCA No. 0028 of 2013)
  • James Nsibambi Vs Lovisa Nankya 1980 HCB
  • Omito and 5 Others v Attorney General (High Court Civil Suit No. 73 of 2004)
  • Powell v McFarlane (1977) 38 P&CR 452
  • Atunya Valiryano v Okeny Delphino (High Court Civil Suit No. 51 of 2017)
  • Odyeki & Another v Yokonani & 4 Others (Gulu HCCA No. 9 of 2017)
  • Justice EMN Lutaaya v Stirling Civil Engineering Company Ltd (Supreme Court Civil Appeal No. 11 of 2022)
  • Hall Brothers SS Co Ltd v Young [1939] 1 KB 748
  • Storoms v Hutchinson [1905] AC 515

Full judgment

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

Sande John v Kyomukama Glorious (High Court Civil Suit Number 024 of 2022) [2026] UGHC 384 (9 April 2026)
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.