Wakilii

Sewagaba Yefusa v Viola Sebinyogote and Another (Consolidated Land Civil Suit No. 007 & 0061 of 2024)

High Court · [2025] UGHC 931 · 2025 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance consolidated civil suit for trespass and eviction from registered land
Decision
Suit dismissed with costs in favour of the defendants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the plaintiff's suit for trespass and eviction, holding that the defendants, though not qualifying as lawful or bona fide occupants under Land Act s.29, had acquired rights through adverse possession by occupying the land openly and unchallenged from 1986 until the plaintiff obtained title in 2013, a period exceeding 12 years. The court invalidated a 2019 memorandum of understanding for lack of valid consideration and non-compliance with the Illiterate Protection Act.

Outcome

Suit dismissed with costs in favour of the defendants

Facts

The plaintiff, registered proprietor of Block 776 Plot 45 (2013) and Plot 46 (2023), sued the defendants for trespass and eviction. The defendants had occupied the land since 1986 and purchased portions from various persons between 1997 and 2000. In 2014, the plaintiff issued a gazette notice requiring occupants to formalise their stay. A 2019 memorandum of understanding was allegedly signed between the plaintiff and the first defendant regarding payment of rent, but the defendants denied its validity. The defendants claimed they were lawful or bona fide occupants, or alternatively, adverse possessors. The court visited the locus and observed permanent developments including residential houses and the burial site of the first defendant's late husband.

Issues

  1. Whether the defendants are trespassers or bona fide/lawful occupants of the suit land.
  2. What remedies are available to the parties?

Orders

  • Suit dismissed.
  • Costs awarded to the defendants.

Rules and key headnotes

Adverse Possession — Requirements — Open and Continuous Occupation Exceeding 12 Years
A person who has been in open and continuous occupation of land unchallenged by the registered owner for a period exceeding 12 years acquires rights through adverse possession, even if they do not qualify as lawful or bona fide occupants under the Land Act.
Kibanja Interests — Definition and Requirements for Lawful Occupancy
To prove a kibanja interest (lawful occupancy), one must prove occupation by virtue of the repealed Busulu and Envujjo Laws of 1928, or that one entered or purchased the land with the consent of the registered owner, as required by Land Act s.29(1).
Bona Fide Occupants — Qualification Requirements Under Land Act s.29(2)
To qualify as a bona fide occupant, a person must prove occupation and utilisation or development of land unchallenged by the registered owner for more than 12 years before the 1995 Constitution came into force, or settlement by the Government or its agent.
Memoranda of Understanding — Validity and Binding Effect
A memorandum of understanding is generally non-binding unless it demonstrates clear intent to be bound, part performance, and valid consideration. Where a party is illiterate, failure to comply with the Illiterate Protection Act renders the agreement invalid.
Trespass to Land — Definition and Requirements
Trespass to land occurs when a person makes unauthorised entry upon land and interferes with another's lawful possession. A person in possession of land for over 12 years unchallenged cannot be deemed a trespasser, even against a registered proprietor who acquired title after such possession commenced.

Legislation cited (7)

Cases cited (8)

  • Wangala Philip v Steel and Tube Industries Limited (Civil Suit No. 212 of 2018)
  • Sebuliba v Co-operative Bank Ltd (1982) HCB 129
  • Nsubuga v Kavuma (1978) HCB 307
  • Nabulya Juliet Ndagala v Jaco Apea T/A Agen and Co. Advocates (HCCS No. 0992 of 2022)
  • Owembabzi Enid v Guarantee Trust Bank Limited (Civil Suit No. 63 of 2019)
  • Kalya and 2 Others v Macekenyu (CACA No. 82 of 2012)
  • Hope Rwaguma v Jingo Livingstone Mukasa (Civil Suit No. 508 of 2012)
  • Justine E. M. N Lutaya v Sterling Civil Engineering Company Limited (SCCA No. 11 of 2002)

Full judgment

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

Sewagaba Yefusa v Viola Sebinyogote and Another (Consolidated Land Civil Suit No. 007 & 0061 of 2024) [2025] UGHC 931 (12 September 2025)
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.