[2010] UGHCLD 3
The court found that the defendants failed to provide convincing evidence of lawful acquisition of the suit property. The contradictions and falsehoods in the defendants' case, including the use of false court documents and affidavits, established that they trespassed on the plaintiff's land. The plaintiff, as...
Source-derived case information.
- Citation
- [2010] UGHCLD 3
- Parties
- Plaintiff: Pauline Namwanje; Defendant: Luyigo Henry; Defendant: Musazi Samuel
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No.185 of 2008
- Procedural Posture
- Civil Suit / Final Judgment
- Outcome
- judgment for the plaintiff
- Judges
- Anne Magezi, j
- Legal Topics
- Trespass to Land, Estate Administration, Damages for Trespass, False Affidavit, Vacant Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pauline Namwanje
Plaintiff
Luyigo Henry
Defendant
Musazi Samuel
Defendant
Procedural Posture
Civil Suit / Final Judgment
Legal Issues
- 1 Whether the defendants lawfully acquired the suit property.
- 2 Whether the defendants trespassed on the plaintiff's land.
- 3 Whether the plaintiff is entitled to damages for trespass and loss of rental income.
Ratio Decidendi
The court found that the defendants failed to provide convincing evidence of lawful acquisition of the suit property. The contradictions and falsehoods in the defendants' case, including the use of false court documents and affidavits, established that they trespassed on the plaintiff's land. The plaintiff, as administrator of the estate, proved lawful ownership and entitlement to possession. The court held the defendants jointly liable for trespass and tortious acts, awarding the plaintiff damages for loss of rental income, specific damages, and general damages, as well as costs of the suit.
Court Disposition
judgment for the plaintiff
Orders
- Defendants to pay the plaintiff shs. 31,164,500/= as valued damage.
- Defendants to pay shs. 10,800,000/= for loss of rental income.
Full Case Text
Judgment text and source record
26 paragraphs
### **THE REPUBLIC OF UGANDA**
## **IN THE HIGH COURT OF UGANDA AT KAMPALA [LAND DIVISION]**
# **CIVIL SUIT NO.185 OF 2008**
**PLAINTIFF** PAULINE NAMWANJE *]TheAdministrator ofthe estate Sseruwu S. Michaelsuing through Her lawfully appointedAttorney Ssebiwa Michael]*
#### **VERSUS**
## **1. LUYIGO HENRY 2. MUSAZI SAMUEL**
**DEFENDANTS**
#### **BEFORE: HON. LADY JUSTICE ANNA MAGEZI**
# **JUDGMENT:**
Michael who died in 2001 having bought the kibanja and houses from William Bumba in 1986 vide Exhibit P3. That subsequently Maria that Nalugwa had ceased any pending litigation with Sseruwu. That allegedly witnessed by Nalongo Sseruwu the younger The plaintiff was the administrator of the estate of Seruwo Ssekyewa agreement was Nalugwa sued Sseruwu for part of the kibanja. However before she left in 1999, she had agreed to leave Sseruwu the house she lived in **30** before relocating to the village as per Exhibit P4. It was indicated
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moved to live with PW2 in the village. Nalugwa's houses had tenants **<sup>1</sup>** attempted to discredit the above evidence and stated that he had not signed Exhibit P4 authenticating the transaction between Sseruwu and Nalugwa. DW2 said that Exhibit D3 was the right document that conveyenced the suit property to the defendants. He however did not convince me as his demeanor portrayed him as a liar. He, however, failed to convince court that even PW2 his mother was present when into an the transaction in Exhibit D3 took place but failed to sign nor was she mentioned. It was also clearly apparent that even DWII the second over the non-sharing of the estate of her husband. Wasswa had sold to Sseruwu but Nalugwa later consented to the transaction in 1999 as per Exhibit P4. Subsequently Nalongo Nalugwa shs 600,000/= rental arrears. This led to a false affidavit culminating erroneous warrant for vacant possession. The case was **/** sister of Nalugwa. She testified as PW2 confirming the sale and making reference to <sup>a</sup> case that was settled between Nalugwa's brother-in-law Wasswa when Sseruwu took them over. On the other hand, Jimmy Kato D2 defendant was a liar. He claimed to have bought the land from in January 2008 but filed the suit in March 2008 demanding fpO
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throw out the plaintiffs and demolish their houses. dismissed subsequently for lack of prosecution. The court was of the considered opinion that the defendants failed to convince it regarding its claims over the suit property. In view of the obvious contradictions *3^* and blatant lies peddled by the defence I find that they indeed trespassed on the suit land having used false court documents to
**1**
liars, trespassed they are jointly liable for those actions. on the suit properties and committed tortuous acts £"0 In consequence of the court's conviction that the defendants were
The defendants must therefore pay the valued damage of shs.31,164,500/=. Loss of rental income equal to shs. 10,800,000/=. including costs of this suit. Shillings 12,181,600/= as specifically evidenced by Exhibit P3. In addition I award the plaintiffs shs. 15,000,000/= general damages -6^
**JUDGE. 13/04/2010 ' "'/'a-**..'<sup>I</sup> / Anna Magezi
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