Wakilii

Wavamuno Samuel Lumu and Another v Kigongo Harriet (Civil Suit No. 319 of 2021)

High Court · [2025] UGHCLD 423 · 2025 Counter Claim Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Counter claim arising from civil suit for land ownership; plaintiff's suit dismissed for non-appearance; default judgment entered on counter claim
Decision
Counter claim allowed; counter defendant ordered to vacate suit land within 30 days; general damages and costs awarded to counter claimants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that a beneficiary under a validly executed and probated will is the lawful owner of property bequeathed to him, and that a person occupying such property without permission or legal entitlement commits trespass. The court declared the 1st counter claimant the lawful owner of a kibanja at Bulenga bequeathed to him under his late father's will, found the counter defendant to be a trespasser, ordered her eviction, granted a permanent injunction, and awarded general damages of UGX 15,000,000 with interest at 8% per annum.

Outcome

Counter claim allowed; counter defendant ordered to vacate suit land within 30 days; general damages and costs awarded to counter claimants

Facts

The late Ssalongo Nelson Kiwanuka died testate in 1991, bequeathing a kibanja at Bulenga Trading Centre to his son Wavamuno Samuel Lumu (1st counter claimant) and daughter Nakku Rose under his last will dated 28 January 1991. Mpungu John (2nd counter claimant) was appointed executor and obtained letters of probate in 2010. He distributed the estate property and filed an inventory in 2013. The counter defendant Kigongo Harriet, a biological daughter of the deceased who was not given property under the will, occupied the suit kibanja claiming it was given to her by her father during his lifetime. When the 1st counter claimant attempted to take possession, the counter defendant reported him to police for criminal trespass. The counter defendant filed a civil suit challenging the counter claimants' ownership, but failed to appear at the hearing. Her suit was dismissed and default judgment entered on the counter claim.

Issues

  1. Whether the 1st Counter Claimant is the lawful owner of the suit land?
  2. Whether the Counter Defendant is a trespasser on the suit land?
  3. What are the remedies available to the parties?

Orders

  • The 1st Counter Claimant is declared the lawful owner of a Kibanja measuring 20 ft by 40ft located at Bulenga Trading Centre, Mityana Road, Wakiso District formerly forming part of the estate of the late Ssalongo Nelson Kiwanuka.
  • The Counter Defendant, Harriet Kigongo, is declared a trespasser on the suit Kibanja.
  • The Counter Defendant and all those claiming through her shall vacate the suit property within 30 days from the date of this Judgment.
  • Eviction proceedings shall ensue if the Counter Defendant fails to vacate the suit property within 30 days as ordered by Court.
  • A permanent injunction is issued restraining the Counter Defendant, her agents, servants, successors and all those claiming under her from trespassing, encroaching, interfering with or claiming ownership over the 1st Counter Claimant's Kibanja.
  • The Counter Defendant shall pay general damages of UGX 15,000,000 (Fifteen Million Shillings only) to the 1st Counter Claimant.
  • The Counter Defendant shall pay interest of 8% per annum on the general damages from the date of judgment until payment in full.
  • The Counter Defendant shall pay costs of the counter claim to the Counter Claimants.

Rules and key headnotes

Wills — Validity and Effect — Bequest of Property to Beneficiary
A will is a legal expression of a person's wishes as to the disposition of property to be performed after death, and any adult person of sound mind may by will dispose of property as per his or her wishes which are to be implemented after demise.
Probate — Grant of Probate — Requirement for Executor to Establish Rights
No right as executor or legatee shall be established in any court unless a court of competent jurisdiction has granted probate of the will under which the right is claimed, and a person appointed as executor in a will shall not be regarded as such unless he applies to a competent court, the will is proved, and probate is granted.
Ownership — Proof of Title — Bequest Under Valid Will
A beneficiary under a validly executed and probated will who receives property as a bequest is the lawful owner of that property, and the mere fact of being related to a deceased registered proprietor does not by itself confer ownership rights without proof of allocation, a will, letters of administration, or registration in accordance with law.
Trespass to Land — Elements of the Tort
Trespass to land occurs when a person makes an unauthorized entry upon land and thereby interferes with another person's lawful possession of that land, and to prove trespass one must establish that the disputed land belonged to the plaintiff, that the defendant entered upon it, and that the entry was unlawful being made without permission or claim of right.
Trespass to Land — Occupation Without Permission of Lawful Owner
Where a person enters upon land after the death of the registered proprietor without documentary evidence of how she acquired ownership or permission to occupy, and refuses to vacate when requested by the rightful owner to whom the land was bequeathed, such occupation amounts to trespass.

Legislation cited (8)

Cases cited (13)

  • Uganda Petroleum Co Ltd v Kampala City Council (Civil Suit No. 250 of 2005)
  • Senkungu and 4 Others v Mukasa (Civil Appeal No. 17 of 2014)
  • Rose Nakayiza v Nalongo Sarah and Others (HCCA No. 68 of 2015)
  • Asire Mallinga v Jonathan Obukunyang Mallinga (HCCS No. 0013 of 2013)
  • Moshe Mujogya and 3 Others v Smart Bwango and 2 Others (HCT-FD-No. 037 of 2018)
  • Re- Estate of Julius Mimano (Deceased) (2019) Eklr
  • Beatrice Asire Mallinga v Jonathan Obukunyang Mallinga (HCT-04-CV-CS-0013-2013)
  • Justine EMN Lutaaya v Stirling Civil Engineering Company Limited (SCCA No. 11 of 2002)
  • Sheik Muhammad Lubowa v Kitara Enterprises Ltd (CCA No. 4 of 1987)
  • Sheikh Muhammed Lubowa v Kitara Enterprises Ltd (CA No. 4 of 1987)
  • FDK Zaabwe v Orient Bank and 5 Others (HC Civil Suit No. 715 of 1999)
  • James Fredrick Nsubuga v Attorney General (HCCS No. 13 of 1993)
  • Uganda Commercial Bank v Kigozi (2002) 1 EA 305

Full judgment

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

Wavamuno_Samuel_Lumu_and_Another_v_Kigongo_Harriet_(Civil_Suit_No._319_of_2021)_[2025]_UGHCLD_423_(27_August_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.