Wakilii

Sempira Israel v Foundation of St. Raphael of Mt. Tabor and Others (Civil Suit No 64 of 2014)

High Court · [2022] UGHCLD 337 · 2022 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, compensation, and orders following compulsory land acquisition without payment
Decision
Judgment entered for the plaintiff with declarations, damages, injunction, and orders for title reconstruction and cancellation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Uganda Land Commission unlawfully acquired the plaintiff's mailo land in 1969 without following due process or paying compensation as required by Article 26(2) of the Constitution. The acquisition and allocation to the 1st defendant was declared illegal, unlawful, and unconstitutional. The plaintiff was awarded general damages, punitive damages, interest, and costs against the 3rd defendant, and orders were made for cancellation of titles and reconstruction of the plaintiff's certificate of title.

Outcome

Judgment entered for the plaintiff with declarations, damages, injunction, and orders for title reconstruction and cancellation

Facts

The plaintiff owned mailo land measuring 2 acres at Luzira, Kyadondo Block 242 Plot 237, where he had commenced construction of commercial units. In 1969, the Government of Uganda expressed interest in the land for expanding Luzira prison. The plaintiff was stopped from further construction, his structures were demolished, and he surrendered his land title for purposes of compensation. Various correspondences between the plaintiff and government promising compensation followed. However, no compensation was ever paid despite the plaintiff handing over his land title and giving vacant possession. In 2007, the Uganda Land Commission allocated land measuring 5.587 hectares including the plaintiff's 2 acres to the 1st defendant as leasehold. The plaintiff brought suit seeking declarations, eviction, compensation, and other remedies. A partial consent judgment was entered between the plaintiff and 1st defendant. The matter proceeded ex parte against the 2nd and 3rd defendants.

Issues

  1. Whether the suit land forms part of the land owned and controlled by the 3rd defendant.
  2. Whether the 3rd defendant owned/controlled the suit land and if it could allocate it to the 1st defendant.
  3. Whether the 3rd defendant ever acquired the suit land comprised in block 247 measuring 2 acres at Luzira.
  4. Whether the allocation of the suit land to the 1st defendant was proper.
  5. What remedies are available to the parties?

Orders

  • Declaration that the acquisition and takeover of the suit land by the 3rd defendant without compensation is illegal, unlawful and unconstitutional.
  • Declaration that the 3rd defendant are trespassers on the suit land.
  • Order directing the 2nd defendant to reconstruct and issue a duplicate certificate of title in respect of the suit land to the plaintiff in his name.
  • Order directing the 2nd defendant to cancel any certificate of title created over the suit land by the 1st and 3rd defendants or rectifying any such title to exclude the suit land.
  • Permanent injunction issued against the 3rd defendant.
  • General damages of UGX 250,000,000 awarded to the plaintiff against the 3rd defendant.
  • Punitive damages of UGX 50,000,000 awarded to the plaintiff against the 3rd defendant.
  • Interest of 15% on punitive and general damages from the date of filing the suit until payment in full.
  • Costs awarded to the plaintiff against the 3rd defendant.

Rules and key headnotes

Compulsory Land Acquisition — Constitutional Requirements — Prompt, Fair and Adequate Compensation
Under Article 26(2) of the Constitution, compulsory acquisition of property can only be made under a law which makes provision for prompt payment of fair and adequate compensation prior to the taking of possession. The acquisition of land without prior compensation is illegal, unlawful and unconstitutional.
Compulsory Acquisition — Public Interest — Due Process
Government can only take over someone's land if it is in the interest of the public. Public interest means the same purpose or objective in which the general interest of the community as opposed to the popular interest of individuals is directly and virtually concerned. Government must follow due process and cannot enter on anybody's land without first acquiring it and paying compensation.
Trespass to Land — Elements
Trespass to land occurs when a person makes an unauthorized entry upon land, thereby interfering or portending to interfere with another person's lawful possession of that land. To succeed in an action for trespass, one must prove that the disputed land belonged to the plaintiff, that the defendant had entered upon it, and that entry was unlawful in that it was made without permission or that the defendant had no claim or right or interest in the disputed land.
General Damages — Assessment — Delayed Compensation for Compulsory Acquisition
Where government unlawfully takes over land without following due process for compulsory acquisition and delays compensation for 30 years, the plaintiff is entitled to general damages to fairly compensate for the inconveniences, loss, and injuries suffered as a result of the government's actions, including demolition of buildings and loss of possession.
Exemplary Damages — Gross Misconduct — Deterrent Purpose
Exemplary or punitive damages may be awarded where the defendant's conduct amounts to gross misconduct to the detriment of the plaintiff's rights. Such damages should not be used to enrich the plaintiff but to punish the defendant and deter him from repeating similar conduct. Taking over a plaintiff's land for 30 years without compensation warrants an award of punitive damages.
Permanent Injunction — Equitable Relief — Prevention of Future Violations
A permanent injunction is a remedy for preventing wrongs and preserving rights so that by single exercise of equitable power an injury is restrained and repaired. Where a defendant has taken over land and evicted the plaintiff without following due process and legalities, thereby threatening the plaintiff's quiet possession and enjoyment, the plaintiff is entitled to the equitable relief of a permanent injunction.
Interest on Damages — Just and Reasonable Rate
A just and reasonable interest rate is one that would keep the awarded amount cushioned against the ever rising inflation and drastic depreciation of the currency. A plaintiff ought to be entitled to such a rate of interest as would not neglect the prevailing economic value of money but would insulate him or her against any economic vagaries and the inflation and depreciation of the currency in the event that the money awarded is not promptly paid when it falls due.

Legislation cited (8)

Cases cited (10)

  • Nsubuga v Kavuma [1978] HCB 307
  • Bhatt & Another v Habib Raiani [1958] EA
  • UEB v Launde Stephen Sanya (Court of Appeal Civil Appeal No. 1 of 2000)
  • Justine E.M.N. Lutaaya v Sterling Civil Engineering Co (Supreme Court Civil Appeal No. 11 of 2002)
  • Sheikh Muhammed Lubowa v Kitara Enterprises Ltd (Court of Appeal No. 4 of 1987)
  • Akena & Ors v Opwonya (Civil Appeal No. 35 of 2016)
  • Storms v Hutchison (1905) AC 515
  • Assist (U) Ltd v Italian Asphalt and Haulage & Anor (High Court Civil Suit No. 129 of 1999)
  • Luzinda v Ssekamatte & 3 Ors (Civil Suit No. 366 of 2017)
  • Kakubhai Mohanlal v Ward Telecom Uganda (High Court Civil Suit No. 224 of 2011)

Full judgment

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

Sempira_Israel_v_Foundation_of_St._Raphael_of_Mt._Tabor_and_Others_(Civil_Suit_No_64_of_2014)_[2022]_UGHCLD_337_(12_December_2022)
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.