Wakilii

The Kabaka of Buganda v The Registered Trustees of the Uganda Scouts Association (Civil Suit No. 1024 of 2001)

High Court · [2018] UGHCLD 41 · 2018 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for re-entry and possession of leasehold land and breach of lease agreement
Decision
Plaintiff granted possession of the suit property; injunction issued against sand excavation; Defendants ordered to pay nominal damages of UGX 5,000,000

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.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that a lessee's failure to pay rent for seven years and allowing unauthorised excavation of sand from leased land constitutes breach of lease covenants entitling the lessor to re-entry and possession. Where a defendant fails to present any defence despite multiple adjournments, the plaintiff's uncontradicted evidence is accepted as true and judgment entered accordingly. The court granted possession, injunction, and nominal damages but declined general damages and refund of excavation proceeds where no proof was given.

Outcome

Plaintiff granted possession of the suit property; injunction issued against sand excavation; Defendants ordered to pay nominal damages of UGX 5,000,000

Facts

In 1998, the Uganda Land Commission granted the Defendant a 59-year lease over the suit property. In 1993, the mailo interest in that property was returned to the Plaintiff (the Kabaka of Buganda) under the Traditional Rulers (Restitution of Assets and Properties) Statute, making the Plaintiff the lessor. The Plaintiff alleged that from 1993, the Defendant failed to pay reserved rent despite repeated demands. Additionally, from December 2001 onward, the Defendant granted tenders to persons to excavate sand from the land without the Plaintiff's consent. The Defendant filed a written statement of defence but failed to present any defence evidence despite numerous adjournments spanning a decade. The court eventually deemed the defence closed and proceeded to judgment on the Plaintiff's uncontradicted evidence.

Issues

  1. Whether the acts of the Defendant amount to a breach of the lease agreement.
  2. Whether the Plaintiff is entitled to the remedies prayed for.

Orders

  • Possession of the suit property granted in favour of the Plaintiff.
  • Injunction issued restraining the Defendants from allowing excavation of sand.
  • Re-entry to be noted by the Land office.
  • Defendants to pay nominal damages of UGX 5,000,000.
  • Costs of the suit awarded to the Plaintiff.
  • General damages not granted.
  • Refund of money obtained from excavating sand not granted.

Rules and key headnotes

Leasehold — Breach of Lease Covenants — Non-Payment of Rent and Unauthorised Use
A lessee who fails to pay reserved rent for seven years and permits unauthorised activities on leased land contrary to the lease terms commits breach of the lease agreement entitling the lessor to re-entry and possession.
Civil Procedure — Failure to Present Defence — Effect on Judgment
Where a defendant fails to present a defence despite multiple adjournments and the court deems the defence closed under the Judicature Act s.17(2) and Civil Procedure Rules O.9 R.20, the plaintiff's uncontradicted evidence is accepted as true and judgment entered accordingly.
Leasehold — Lessor's Right to Indemnification — Registration of Titles Act s.176(b)
Under Registration of Titles Act s.176(b), a lessor is entitled to indemnification against breaches committed by the lessee including unauthorised excavation and non-payment of rent.
Contract Law — Breach of Lease — Voidable Lease
A lease becomes voidable where the lessee uses the land for purposes other than those permitted in the contract and fails to pay rent as reserved.

Legislation cited (4)

Cases cited (4)

  • Samwiri Massa v Rose Achieng (1978) HCB 297
  • Makerere University v St. Mark Education Institute & Ors (1994) KALR 26
  • Eridadi Ahimbisibwe v World Food Programme (1998) KALR 32
  • Francis Butagira v Deborah Namukasa (Civil Appeal No. 6 of 1989)

Full judgment

↓ Download PDF

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

The_Kabaka_of_Buganda_v_The_Registered_Trustees_of_the_Uganda_Scouts_Association_(Civil_Suit_No._1024_of_2001)_[2018]_UGHCLD_41_(23_May_2018)
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.