Wakilii

Sempira v Foundation of St . Raphael of MT. Tabor and 2 Others (Civil Suit 64 of 2014)

High Court · [2022] UGHCLD 255 · 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 relating to land compulsorily acquired without compensation
Decision
Judgment entered for the plaintiff with declarations, orders for title reconstruction and cancellation, permanent injunction, general and punitive damages, interest, and costs against the 3rd defendant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Uganda Land Commission's compulsory acquisition of the plaintiff's mailo land in 1969 without prompt and adequate compensation was illegal, unlawful, and unconstitutional under Articles 26(2) and 237 of the Constitution. The court declared the defendants trespassers, ordered cancellation of titles created over the suit land, directed reconstruction of the plaintiff's certificate of title, granted a permanent injunction, and awarded general damages of UGX 250,000,000 and punitive damages of UGX 50,000,000 with 15% interest from the date of filing.

Outcome

Judgment entered for the plaintiff with declarations, orders for title reconstruction and cancellation, permanent injunction, general and punitive damages, interest, and costs against the 3rd defendant

Facts

The plaintiff owned mailo land measuring 2 acres in Kyadondo Block 242 Plot 237 at Luzira 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 promised compensation, and the land was valued by a government chief valuer with approval for payment given by the Solicitor General. However, no compensation was ever paid. In 2007, the Uganda Land Commission transferred the suit land into its name and allocated it to the 1st defendant as part of a leasehold. The plaintiff filed suit in 2014 seeking declarations, compensation, and orders relating to the land. The plaintiff and 1st defendant entered a partial consent judgment, and 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 or 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

  • A declaration that the acquisition and takeover of the suit land by the 3rd defendant without compensation is illegal, unlawful and unconstitutional.
  • A declaration that the 3rd defendant are trespassers on the suit land.
  • An 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.
  • An 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.
  • A permanent injunction is issued against the 3rd defendant.
  • The plaintiff is awarded general damages of UGX 250,000,000 against the 3rd defendant.
  • The plaintiff is awarded punitive damages of UGX 50,000,000 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

Constitutional Law — Compulsory Land Acquisition — Requirements under Article 26(2)
Under Article 26(2) of the Constitution, compulsory acquisition of land by government is only lawful where it is necessary for public interest and where the law makes provision for prompt payment of fair and adequate compensation prior to taking possession.
Land & Property — Compulsory Acquisition — Failure to Pay Compensation
Where government takes over land without following due process and without paying prompt and adequate compensation as required by the Constitution, such acquisition is illegal, unlawful, and unconstitutional, and the government becomes a trespasser on the land.
Land & Property — Trespass — Elements of Proof
To succeed in an action for trespass to land, a plaintiff must prove that the disputed land belonged to the plaintiff, that the defendant entered upon it, and that the entry was unlawful in that it was made without permission or that the defendant had no claim, right, or interest in the disputed land.
Land & Property — Remedies — Permanent Injunction
A permanent injunction is a remedy for preventing wrongs and preserving rights. Where a party has taken over land and evicted the owner without following due process and legalities of compulsory acquisition, the owner is entitled to a permanent injunction to prevent ongoing or future infringement.
Constitutional Law — Damages — Punitive Damages for Unconstitutional Conduct
Where government takes over a plaintiff's land for an extended period without compensation in breach of constitutional requirements, such conduct amounts to gross misconduct warranting an award of punitive damages to punish the defendant and deter similar conduct, not to enrich the plaintiff.

Legislation cited (6)

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)
  • Storms v Hutchison (1905) AC 515
  • Assist (U) Ltd v Italian Asphalt and Haulage & Anor (High Court Civil Suit No. 1291 of 1999)
  • Luzinda v Ssekamatte & 3 Ors (Civil Suit No. 366 of 2017) [2020] UGHCCD 20
  • Kakubhai Mohanlal v Ward Telecom Uganda (High Court Civil Suit No. 224 of 2011)
  • Akena & Ors v Opwonya (Civil Appeal No. 35 of 2016) [2018]

Full judgment

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

Sempira_v_Foundation_of_St_._Raphael_of_MT._Tabor_and_2_Others_(Civil_Suit_64_of_2014)_[2022]_UGHCLD_255_(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.