Wakilii

Wekomba v Hon. Justice Kiryabwire and 5 Others (Civil Suit No. 3 of 2020)

High Court · [2021] UGHCCD 177 · 2021 Matter Remitted for Survey Compliance AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking declaration of land encroachment based on non-implementation of consent decree from prior suit
Decision
Matter remitted for implementation of consent decree through proper re-survey and subdivision of land

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court found no evidence that the re-survey required by the consent decree in Civil Suit No. 114 of 2008 had been properly conducted by a joint team of surveyors appointed by both sides. The court ordered compliance with the consent decree, directing that the certificate of title be handed over for subdivision and re-survey by a joint team of two surveyors or by the Chief Government Surveyor witnessed by party representatives, to be completed within 60 days.

Outcome

Matter remitted for implementation of consent decree through proper re-survey and subdivision of land

Facts

The plaintiff was a squatter on Ranch 13 who was to benefit from Government compensation under a consent decree in Civil Suit No. 114 of 2008. In that earlier suit, the 1st defendant (administrators of the estate of Prof. J.M. Kiryabwire) sued the Attorney General and others, including the plaintiff. By consent decree, the 1st defendant relinquished 962 hectares of land in exchange for compensation of Shs. 1,307,350,000, with the land to be allocated to squatters including the plaintiff. The decree required the parties to hand over the certificate of title for subdivision and re-survey by a joint team of surveyors. The Attorney General paid the compensation, but the plaintiff claimed that the 1st defendant's agents were encroaching on his allocated portion because the required re-survey had never been properly conducted by a joint team of surveyors as stipulated in the consent decree.

Issues

  1. Whether the consent decree in Civil Suit No. 114 of 2008 has been properly implemented by way of re-survey and subdivision of the land.
  2. Whether the defendants are encroaching on the plaintiff's portion of land allocated to him under the consent decree.

Orders

  • The consent decree in Civil Suit No. 114 of 2008 be complied with and implemented accordingly.
  • The plaintiffs/1st defendant's family shall hand over the certificate of title of Ranch 13 LRV 1129, Folio 18 at Kiryandongo, Masindi for subdivision/re-survey by a joint team of two surveyors, each appointed by both sides, or by a Chief Government Surveyor witnessed by each party's representative surveyors.
  • The appointed surveyors and/or Government surveyor shall conclude the re-survey/opening of the boundaries within 60 days from this date.
  • The parties concerned shall refrain from any acts of violence and express patience as they await the surveyors' report.

Rules and key headnotes

Civil Procedure — Consent Decrees — Implementation and Enforcement
A consent decree is binding upon all parties who signed it, and the court has jurisdiction to order compliance with its terms where a party has failed to fulfill obligations under the decree.
Land & Property — Subdivision and Survey — Joint Survey Requirements
Where a consent decree requires subdivision and re-survey by a joint team of surveyors appointed by both sides, a unilateral survey conducted without the participation of both parties' appointed surveyors does not satisfy the terms of the decree.
Contract Law — Consent Agreements — Enforcement of Contractual Terms
Where parties have entered into a consent agreement involving land subdivision, all parties retain an interest in the proper implementation of the survey to enable each to enjoy their respective interests without interruption or encroachment.

Cases cited (1)

  • Civil Suit No. 114 of 2008

Full judgment

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

Wekomba v Hon. Justice Kiryabwire and 5 Others (Civil Suit No. 3 of 2020) [2021] UGHCCD 177 (1 December 2021)
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.