Wakilii

Syanywana Kasereka and 2 Others v Registrar of Titles and Another (HCT-01-LD-CS 21 of 2013)

High Court · [2024] UGHC 404 · 2024 Judgment for Defendant (with Damages to Plaintiffs) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declarations of customary ownership, cancellation of title, injunction, and damages
Decision
Suit partly allowed. Declarations made in favour of the 2nd defendant. Plaintiffs awarded damages for unlawful evictions but no orders for cancellation of title or reinstatement to the land.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court Land Division held that the plaintiffs failed to establish customary ownership or lawful occupancy of the suit land; the lease and certificate of title granted to Amon Bazira in 1982 were validly issued; the 2nd defendant as administrator of Amon Bazira's estate is the rightful owner. However, the 2nd defendant's forceful eviction of plaintiffs without notice or opportunity to salvage property violated their rights to dignity and security. Each plaintiff was awarded UGX 15,000,000 in general damages for losses arising from the evictions and demolitions.

Outcome

Suit partly allowed. Declarations made in favour of the 2nd defendant. Plaintiffs awarded damages for unlawful evictions but no orders for cancellation of title or reinstatement to the land.

Facts

The plaintiffs claimed customary ownership of land measuring 441.7 hectares in Kasese District, asserting occupation since time immemorial. Amon Bazira obtained a 99-year lease and title to the land in 1982. After Amon Bazira's death in 1993, the 2nd defendant (his son) returned from exile in 2010, obtained letters of administration in 2013, and forcefully evicted plaintiffs from the land. The evictions included demolition and burning of houses, harvesting crops, and arrests of occupants. At trial, evidence showed the land had been public land with various categories of people settling or cultivating on it. Evidence also showed Amon Bazira had similarly come onto the land with permission from a Parish Chief before applying for and obtaining the lease. The court found the land was public land and plaintiffs' methods of acquisition did not establish customary tenure or lawful occupancy under the applicable legislation.

Issues

  1. Whether the plaintiffs' suit is superfluous, frivolous, and vexatious and should be struck out for not disclosing a cause of action.
  2. Whether the plaintiffs' suit was filed out of time and should be struck out.
  3. Whether the Lease Deed dated 2nd September 1982 under which Leasehold Certificate of Title LRV 1197 Folio 5 Area 441 hectares on Block 5 Plot 3 Kasese District was created on 1st September 1982 is illegal, invalid, not perfectly executed, null and void.
  4. Whether the Leasehold Certificate of Title LRV 1197 Folio 5 Area 441 hectares on Block 5 Plot 3 Kasese District was illegally and fraudulently created for Amon Bazira as proprietor and hence should be cancelled.
  5. Who is the rightful owner of the suit land?

Orders

  • A declaration that the 2nd defendant Kashagama Daniel Businge is the rightful owner of the entire suit land as administrator of the estate of the late Amon Bazira.
  • A declaration that the plaintiffs are not customary tenants/owners or lawful occupants/owners on any part of the entire suit land.
  • The Lease Deed dated 2nd September 1982 under which the leasehold was created on the suit land on 1st September 1982 was legal, valid, and properly executed.
  • The Leasehold Certificate of Title for the suit land was legally and properly created for Amon Bazira as proprietor.
  • A permanent injunction restraining the plaintiffs, their agents or any person from illegal entry, occupation, use, or interference with any part of the entire suit land belonging to the 2nd defendant as administrator of the estate of the late Amon Bazira.
  • Each plaintiff is awarded UGX 15,000,000 as General Damages to be paid by the 2nd defendant to atone for the losses, deprivation, and inconveniences suffered arising from the evictions and demolitions on the suit land (except PW6 Kakara Flora who was never evicted).
  • Interest awarded on the General Damages at the rate of 8% per annum from the date of delivery of judgment until payment in full.
  • The plaintiffs are awarded half of the costs of the suit to be paid by the 2nd defendant.

Rules and key headnotes

Customary Tenure — Requirements for Establishing Customary Ownership
A person seeking to establish customary ownership of land has the onus of proving that he or she belongs to a specific description or class of persons to whom customary rules limited in their operation, regulating ownership, use, management and occupation of land, apply in respect of a specific area of land and that he or she acquired the land in accordance with those rules. Proof of mere occupancy and user of unregistered land, however long that occupancy and use may be, without more, is not proof of customary tenure.
Public Land — Allocation by Chiefs and Individuals
Under the Land Reform Decree of 1975 and the Public Lands Act of 1969, area chiefs and individuals had no authority to allocate or sell public land or allow others to enter upon, occupy or use public land. Methods of land acquisition through such allocations cannot create customary occupancy or interests on public land.
Lawful and Bona Fide Occupants — Definition under Land Act
Under Section 29 of the Land Act Cap 227, a person qualifies as a lawful occupant if they occupied land by virtue of repealed landlord and tenant laws, entered the land with the consent of the registered owner including as a purchaser, or occupied land as a customary tenant but whose tenancy was not disclosed or compensated for by the registered owner at the time of acquiring the leasehold certificate. A bona fide occupant is one who occupied and utilised land unchallenged by the registered owner for twelve years or more before the coming into force of the Constitution, or was settled on land by the Government or an agent of the Government.
Fraud in Land Registration — Attribution to Transferee
In seeking cancellation or rectification of a land title on account of fraud in the transaction, the alleged fraud must be attributable to the transferee. It must be brought home to the person whose registered title is impeached or to his or her agents. The burden of pleading and proving fraud lies on the person alleging it and the standard of proof is beyond mere balance of probabilities required in ordinary civil cases though not beyond reasonable doubt as in criminal cases.
Limitation — Actions Based on Fraud
In an action based on fraud, Section 25 of the Limitation Act provides for postponement of the limitation period such that time starts running when the fraud was discovered. The limitation period does not begin to run until such time when the plaintiff is invariably aware, or could have with reasonable diligence been aware of the fraud, but this must be pleaded with particulars of fraud stated on the face of the pleading.
Documentary Evidence — Marking for Identification vs Admission as Exhibit
A document marked for identification does not become part of the evidence on record until it is formally produced as an exhibit by a witness. The marking of a document for identification has no relation to its proof. Until a document marked for identification is formally produced and admitted in evidence, it is of very little, if any, evidential value and the trial court cannot rely on it in making its decision.
Forced Evictions — Protection of Human Dignity and Property Rights
Evictions carried out forcefully and accompanied by use of force, demolition and burning of houses, denial of opportunity to salvage property, and arrests of occupants without affording time and opportunity to vacate peacefully with belongings violate the rights to dignity, property and security of the evictees. Such evictions result in severe human rights violations, arbitrary deprivation of possessions and shelter, and expose victims to life and health threatening situations. Even where evictees lack proprietary interest in the land or are squatters or trespassers, their right to adequate housing and dignity must be respected.

Legislation cited (24)

Cases cited (45)

  • Tororo Cement Co. Ltd v Frokina International Co. Ltd (Supreme Court Civil Appeal No. 2 of 2001)
  • Lucy Nelima & 2 Ors v Bank of Baroda Uganda Ltd (Civil Suit No. 55 of 2015)
  • Kivanga Estate Ltd v National Bank of Kenya Ltd (Civil Appeal No. 217 of 2015)
  • Kebirungi v Road Trainers Ltd & 2 Others [2008] HCB 72
  • Mwesige v Kazooba and 2 Others (Civil Suit No. 36 of 2022)
  • Yaya Towers Limited v Trade Bank Limited (In Liquidation) (Civil Appeal No. 35 of 2000)
  • Fredrick JK Zaabwe v Orient Bank Ltd and 5 Others (Supreme Court Civil Appeal No. 4 of 2006)
  • Hilda Wilson Namusoke & Ors v Owalla's Home Investment Trust (EA) Ltd (Supreme Court Civil Appeal No. 15 of 2017)
  • Livingstone Sewanyana v Martin Aliker (Supreme Court Civil Appeal No. 4 of 1990)
  • Kampala Bottlers Ltd v Damanico (U) Ltd (Supreme Court Civil Appeal No. 22 of 1992)
  • Bahesco Ltd v National Forest Authority (Civil Suit No. 16 of 2009)
  • Olinda De Souza v Kasamali Manji [1962] EA 756
  • John Katarikawe v William Katwiremu & Anor [1977] HCB 187
  • Hadley v Baxendale (1894) 9 Exch 341
  • Charles Acire v M. Engola (High Court Civil Suit No. 143 of 1993)
  • Kibimba Rice Ltd v Umar Salim (Supreme Court Civil Appeal No. 17 of 1992)
  • Sejjaaka Nalima v Rebecca Musoke (Supreme Court Civil Appeal No. 2 of 1985)
  • Uganda Posts and Telecommunications v A. K. P. M. Lutaaya (Supreme Court Civil Appeal No. 36 of 1995)
  • Sebuliba v Cooperative Bank Limited [1987] HCB 130
  • M. Kibalya v Kibalya [1994-95] HCB 80
  • Patrick Iyamulemye v Stephen Kwiringira & Ors (Civil Suit No. 118 of 2019)
  • Odyek Alex & Anor v Gena Yokonani (Civil Appeal No. 9 of 2017)
  • Sunday Edward Mukooli v Nabbale Teopista and 3 Others (High Court Civil Suit No. 282 of 2013)
  • BEA Timber Co. v Inder Sigh Gill [1979] EA 463
  • E. Otabona v Attorney General (1991) ULSLR 150
  • Iga v Makerere University [1972] EA 65
  • Loum Kennedy & Anor v Obwoma Charles (Civil Suit No. 21 of 2016)
  • Port Elizabeth Municipality v Various Occupiers (2005) (1) SA 217 (CC) 55
  • Rwejuma v Jingo Mukasa (Civil Suit No. 508 of 2012)
  • Atunya Valiryano v Okeny Delphino (Gulu High Court Civil Appeal No. 51 of 2017)
  • Bwetegeine Kiiza and Another v Kadooba Kiiza (Court of Appeal Civil Appeal No. 59 of 2009)
  • Lwanga v Kabagambe (Court of Appeal Civil Application No. 125 of 2009)
  • Musisi v Edco and Another (High Court Civil Appeal No. 52 of 2010)
  • Abner, et al., v Jibke, et al., 1 MILR 3 (Aug 6, 1984)
  • Marko Matovu and 2 Ors v Mohammed Sseviiri & 2 Ors (Supreme Court Civil Appeal No. 7 of 1997)
  • Magbwi Elikulano v MTN Uganda Limited and Obukpwo Ray (Arua High Court Civil Appeal No. 27 of 2012)
  • Kenneth Nyaga Mwige v Austin Kiguta & 2 Others (2015) eKLR
  • Sofie Feis Caroline Lwangu v Benson Wafula Ndote [2022] eKLR
  • Des Raj Sharma v Reginam (1953) 19 EACA 310
  • Michael Hausa v The State (1994) 7-8 SCNJ 144
  • Social and Economic Rights Action Centre (SERAC) & Another v Nigeria (2001) AHRLR 60 (ACHPR 2001)
  • Muhindo James and 3 Others v Attorney General (Miscellaneous Cause No. 127 of 2016)
  • Hon. (Rtd) Justice Galdino Okello Moro & Ors v Attorney General & Ors (Constitutional Petition No. 28 of 2019)
  • Amodu Tijani v Secretary, Southern Provinces [1921] NGSC 1
  • Byamugisha David v Kebirungi Venny (Fortportal Civil Appeal No. 2 of 2022)

Full judgment

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Syanywana Kasereka and 2 Others v Registrar of Titles and Another (HCT-01-LD-CS 21 of 2013) [2024] UGHC 404 (19 April 2024)
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.