[2012] UGHC 426
The court found that the District Land Surveyor's report, following a locus visit and boundary opening, established that the suit land is wholly within the defendants' registered title. There was no encroachment or trespass by the defendants onto the plaintiff's land. The plaintiff failed to prove his claim of...
Source-derived case information.
- Citation
- [2012] UGHC 426
- Parties
- Plaintiff: Asaba Jaiden; Defendant: Tegras Byeitima; Defendant: Kugonza Franklin
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No-HCT-12-CV-CS-0024 of 2010
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- suit dismissed with costs to the defendants
- Judges
- Ochan, J
- Legal Topics
- Boundary Disputes, Land Ownership, Trespass, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Asaba Jaiden
Plaintiff
Tegras Byeitima
Defendant
Kugonza Franklin
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is the rightful owner of the suit land as a gift inter-vivos from his late father.
- 2 Whether the defendants encroached or trespassed on the plaintiff's land.
- 3 Whether the boundaries of the disputed land are as claimed by the plaintiff or the defendants.
Ratio Decidendi
The court found that the District Land Surveyor's report, following a locus visit and boundary opening, established that the suit land is wholly within the defendants' registered title. There was no encroachment or trespass by the defendants onto the plaintiff's land. The plaintiff failed to prove his claim of ownership or any unlawful act by the defendants. The court therefore dismissed the suit with costs to the defendants, upholding the sanctity of registered title and the findings of the official survey.
Court Disposition
suit dismissed with costs to the defendants
Orders
- The plaintiff's suit is dismissed with costs to the defendants.
- A certificate for two counsel for the defendants is granted.
Full Case Text
Judgment text and source record
29 paragraphs
# THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT MASINDI
### CIVIL SUIT NO-HCT-12-CV-CS-0024 OF 2010
ASABA JAIDEN
**EXAMPLE 11: 11: 11: 11: 11: 11: 11: 11: 11: 11 VERSUS**
#### 1. TEGRAS BYEITIMA
2. KUGONZA FRANKLIN :::::::::::::::::::::::::::::::::::: DEFENDANTS
### **JUDGMENT**
### BEFORE HON: MR. JUSTICE RALPH. W. OCHAN-RESIDENT JUDGE - 10
The Plaintiff's case is that the suit land was acquired by the Plaintiff as a gift inter-vivos from his late father John Rutalema. On 15<sup>th</sup> August 2010, the Defendants brought a tractor on the suit land and forcefully ploughed it.
$\sqrt{2}$ The Plaintiff protested. The defendants ignored the plaintiff's protest and continued to plough the land. Hence this suit by which the plaintiff seeks for an order for the opening of the boundaries, a permanent injunction against the defendants as well as general and exemplary damages, mesne profits and $20$ costs.
The Defendant's case is that he purchased the land in dispute from one Rajab Rugadya and later obtained Title to the land in full view of the Plaintiff's father and with the full authority of the District Land Board. He has since enjoyed quiet possession. He submits that the Plaintiff is mistakenly trying to $-25$ tamper with Title that has been in existence for a long time. Prays that the plaintiff's suit be dismissed with costs. Both parties agreed that this was a boundary dispute that will be resolved by a visit to the locus during which Surveyors for both sides and the District Staff Surveyor would open the boundaries and indicate the discovery of the correct boundaries of the disputed land. This was the single issue in dispute. Court visited the locus on 19/11/11. The District Land Surveyor after the opening of the boundaries filed his report on 26<sup>th</sup> August. 2011.
The Surveyor's Report indicates that the suit land is in fact wholly within the Defendant's Title. There has therefore been no encroachment or trespass into the plaintiff's land. In the circumstances this suit is dismissed with costs to the defendant.
Signed:
# Judge 04/12/2012
## 25/02/2013
Twarebireho Emmanuel Allan Tumwesigye. Both for Defendants
Tugume Moses for Plaintiff
Emmanuel Twarebireho Prays for a Certificate for 2 Counsel for the Defendants as both took part in the defence of the defendant.
Court:
Prayers granted 2 Certificates to issue.
Signed: Judge $25/02/2013.$
$\overline{a}$
Moses Tugume: Prays for reinstatement of Civil Suit NO-3/2012 ASABA IEIDEN Versus TEGRASS ASABA
Court: Suit unstayed.
ら
$\theta$
$2D$
Signed: Judge 25/02/2013