[2018] UGHCCD 36
The Applicant lawfully purchased the disputed land through a court-sanctioned execution process, as evidenced by the sale agreement and bailiff's report. The Respondent was duly notified of the execution but refused to vacate the premises. The judgment in Civil Appeal No. 52 of 2005 conclusively determined the...
Source-derived case information.
- Citation
- [2018] UGHCCD 36
- Parties
- Applicant: Kiiza Laban; Respondent: Kabajungu Joweria
- Court
- HC: Civil Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- HCT – 01 – CV – LD – MA 0020 OF 2018
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed in part
- Judges
- Musene, J
- Legal Topics
- Execution of Judgment, Vacant Possession, Eviction Orders, Sale of Land Under Execution, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiiza Laban
Applicant
Kabajungu Joweria
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the Applicant is entitled to an order of vacant possession or eviction against the Respondent from the disputed land.
- 2 Whether the Respondent should be committed to Civil Prison for obstructing possession of immovable property.
- 3 Whether the Applicant is entitled to costs of the application.
Ratio Decidendi
The Applicant lawfully purchased the disputed land through a court-sanctioned execution process, as evidenced by the sale agreement and bailiff's report. The Respondent was duly notified of the execution but refused to vacate the premises. The judgment in Civil Appeal No. 52 of 2005 conclusively determined the rights to the property, and the Respondent did not appeal. The Applicant is therefore entitled to vacant possession. Committal of the Respondent to Civil Prison is declined to avoid double punishment, as she has already lost the property. Costs are awarded to the Applicant, and the sum deposited in Court for the Respondent is to be handed over to her.
Court Disposition
application allowed in part
Orders
- Order of vacant possession issued in favour of the Applicant against the Respondent, her agents, and any person claiming under her authority from the disputed land at Kyenjojo Town Council.
- Application for committal of the Respondent to Civil Prison is declined.
Full Case Text
Judgment text and source record
31 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA AT FORT PORTAL**
**HCT – 01 – CV – LD – MA 0020 OF 2018**
**(Arising from Civil Appeal No. 0052 of 2005)**
**(Arising from Kyenjojo District Land Tribunal Claim No. 032/2003)**
**KIIZA LABAN.......................................................................................... APPLICANT**
**VERSUS**
**KABAJUNGU JOWERIA...................................................................... RESPONDENT**
**BEFORE: HIS LORDSHIP MR. JUSTICE WILSON MASALU MUSENE**
**RULING**
This was an application by Kiiza Laban, the Applicant against Kabajungu Joweria the Respondent **under Sections 49**, and **98** of the Civil Procedure Act, **Order 22 Rules 82, 83, 84, 85, 86** and **89** of the Civil Procedure Rules. The Application was seeking for orders that;
1. An order of vacant possession or eviction order issues against the Respondent and or her agents and any other person claiming under her authority from a plot of land with developments thereon at Kyenjojo Town Council. 2. The Respondent be committed to Civil Prison for obstructing possession of immovable property. 3. The Respondent pays the costs.
The Applicant was represented by Mr. Richard Bwiruka, while the Respondent, Kabajungu Joweria was unrepresented and was not present at the hearing upon being satisfied that the Respondent was duly served but failed and/or refused to attend Court, the Applicant was allowed to proceed exparte. Counsel for the Applicant made reference to the affidavit in support sworn by the Applicant, emphasising that the Applicant purchased the land with its developments in Civil Appeal No. 52 of 2005. The sale agreement, Annexture “A” by the bailiff and Annexture “B” the Report of execution were attached. It was also submitted that the Respondent was duly notified about the execution process but she refused to vacate the premises in question.
Reference was also made to the warrant of vacant possession and Counsel emphasised that the Applicant paid a total of UGX 45,000,000/=. Mr. Bwiruka further submitted that part of that money was paid to Counsel for the judgment creditor and the balance UGX 35,542,000/= was deposited in Court on 22nd November, 2017 for the Respondent.
I have carefully considered the brief submissions by Counsel for the Applicant. I have also read the judgment in HCT – Civil Appeal No. 52 of 2005, whereby the Honourable Justice Rugadya Atwoki decided in favour of the Appellant then, Akugizibwe Patrick and against the Respondent now, Joweria Kabajungu. His Lordship concluded that from the evidence by then, it was clear that the Respondent sold part of her Plot 15 and part of her Plot 17 to the Appellant, Akugizibwe Patrick. That judgment was delivered on 28.1.2010, and it is on Court record. The Respondent never appealed against that judgment to the Court of Appeal of Uganda.
I have also studied the execution documents Annexture “A” to the affidavit in support of this application whereby the Applicant now, Kiiza Laban was the highest bidder and paid UGX 45,000,000/= and the report of the Court Bailiffs, Annexture “B” is very clear and elaborate. It is dated 21.11.2010.
In the premises and in view of what I have outlined, and on the basis of the Law cited by Counsel for the Applicant, I do hereby allow the application with costs.
I do hereby issue an order of vacant possession in favour of the Applicant, Kiiza Laban and against the Respondent, Kabajungu Joweria, her agents and/or any person claiming under her authority from the land situate at Kyenjojo Town Council which was in dispute in Civil Appeal No. 52 of 2005.
I decline to commit the Respondent to Civil Prison since she has lost the land in question and imprisoning her would be double punishment. However, I award costs of this application to the Applicant.
Lastly, I order that the sum of UGX 35,542,000/= deposited in Court be handed over to the Respondent, Kabajungu Joweria.
**........................................**
**WILSON MASALU MUSENE**
**JUDGE**
**12.7.2018**
Applicant present.
Counsel for Applicant present.
Beatrice Katusabe, Court Clerk present.
**Court**: Ruling read in open Court.
**........................................**
**WILSON MASALU MUSENE**
**JUDGE**