Ssemwogerere v Kakumba and Another (Civil Suit 484 of 2015)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that the plaintiff, who purchased customary land (Kibanja) from the 2nd counter defendant after obtaining proper consent from Buganda Land Board and a subsequent certificate of title, is the rightful owner. The defendant's purported purchase from a third party was void ab initio for lack of landlord consent as required under Land Act s.34(3), s.34(8), and s.34(9). The defendant's reliance on a void agreement to claim ownership constituted fraud as it concealed the truth and was aimed at dispossessing the plaintiff of his land.

Outcome

Plaintiff declared rightful owner of the suit land. Defendant's trespass established. Permanent injunction granted restraining defendant from interfering with the land. Defendant liable in damages.

Facts

In 2003, the plaintiff purchased customary land (Kibanja) on Kabaka's land at Buziga Katuuso from the 2nd counter defendant. The 2nd counter defendant had applied to Buganda Land Board for a lease in 1997 and subsequently obtained a 49-year lease registered on 2 August 2004. The plaintiff took possession through caretakers. In 2006, the defendant purchased what he claimed was the same land from one Bagonza Henry, who allegedly purchased it from Muganga James Kwaabwe in 1992. The defendant took physical possession. Between 2013-2014, the defendant left on a business trip. Upon his return in 2015, he discovered the plaintiff had obtained a certificate of title. The plaintiff was then forcefully evicted by the defendant, who began constructing structures on the land. The plaintiff conducted a search at Buganda Land Board which confirmed the 2nd counter defendant's ownership and subsequent sale to the plaintiff.

Issues

1. Who is the rightful owner of the land in dispute?
2. Whether the 2nd counter defendant lawfully acquired the suit land and obtained registration of the certificate of title in his names legally.
3. Whether the counter claimant's acts are fraudulent.
4. What remedies are available to the parties?

Orders

• Judgment entered for the plaintiff and the counter defendants.
• Declared that the plaintiff is the rightful owner of the suit land comprised in Leasehold Register Volume 3272 Folio 7, Plot 10, Kyadondo Block 273 land at Buziga Katuuso, Kampala.
• Declared that the defendant trespassed on the suit land.
• Permanent injunction issued restraining the defendant from claiming, dealing, or in any way interfering with the suit property.
• Defendant ordered to pay general damages of one hundred million shillings (100,000,000/-) for trespass.
• Defendant ordered to pay interest on the general damages at the rate of 10% per annum from the date of the cause of action until payment in full.
• Costs of the suit awarded to the plaintiff.
• Counterclaim dismissed with costs to the counter defendants.

Rules and key headnotes

Legislation cited (5)

• Evidence Act Cap 6 s.103
• Registration of Titles Act Cap 230 s.59
• Land Act Cap 227 s.34(3)
• Land Act Cap 227 s.34(8)
• Land Act Cap 227 s.34(9)

Cases cited (2)

• Namila v Musoke (Supreme Court Civil Appeal No. 12 of 1985)
• Zaahwe v Orient Bank Ltd (Supreme Court Civil Appeal No. 4 of 2006)

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