[2017] UGHCLD 32

[2017] UGHCLD 32

The High Court found that the suit was not barred by limitation, as the cause of action arose in 2009 when the Respondent's grandfather requested the Appellant to vacate the suit land. The evidence established that Bulandina and Byembandwa acquired distinct pieces of land in 1971, and the Appellant joined his aunt in 1985, developing the land without protest from Byembandwa until Bulandina's death. The Respondent's evidence was largely hearsay and not based on personal knowledge, and the exhibits relied upon did not pertain to the suit land in dispute. The Appellant was not a trespasser, and his developments on the land were not illegal. The trial Magistrate erred in declaring the...

Citation
[2017] UGHCLD 32
Parties
Appellant: Kaitwebye Emmanuel; Respondent: Tinka Julius (Administrator of the Estate of Byembandwa Seperiano)
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
29 March 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed; cross appeal dismissed
Judges
Ojok, J
Legal Topics
Ownership of Land, Limitation Periods, Trespass to Land, Admissibility of Evidence, Damages, Licensee Vs Owner
Source Language
English
Land and Property Civil Procedure Ownership of Land Limitation Periods Trespass to Land Admissibility of Evidence Damages Licensee Vs Owner

Case Brief

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Parties

Kaitwebye Emmanuel

Appellant

Tinka Julius (Administrator of the Estate of Byembandwa Seperiano)

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Who is the rightful owner of the suit land?
  2. 2 Whether or not the document marked Annexture 'D' attached to the plaint is a true document of Brandina Nyanjura.
  3. 3 Whether or not the suit is barred by limitation.

Ratio Decidendi

The High Court found that the suit was not barred by limitation, as the cause of action arose in 2009 when the Respondent's grandfather requested the Appellant to vacate the suit land. The evidence established that Bulandina and Byembandwa acquired distinct pieces of land in 1971, and the Appellant joined his aunt in 1985, developing the land without protest from Byembandwa until Bulandina's death. The Respondent's evidence was largely hearsay and not based on personal knowledge, and the exhibits relied upon did not pertain to the suit land in dispute. The Appellant was not a trespasser, and his developments on the land were not illegal. The trial Magistrate erred in declaring the...

Court Disposition

appeal allowed; cross appeal dismissed

Orders

  • Judgment and orders of the lower court are set aside.
  • Costs awarded to the Appellant in this appeal and in the lower court.