[2025] UGCA 60

#### THE REPUBLIC OF UGANDA

#### IN THE COURT OF APPEAL OF UGANDA AT I(AMPALA

# (Coram Geoffrey Kiryabwire, Christopher Gashirabike & Asa Mugenyi, JJAI CIVIL APPEAL 369 0F 202L

(Arising from High Court Miscellaneous Application 116 of 2O2l) (Arising from Civil Suit 153 of 2079)

# HIS HIGHNESS THE I(ABAKA OF BUGANf,II ============== APPELLANT VERSUS

#### 1. SSALONGO KIBUULE RONALD

2. THE COMMISIONER LAND REGISTRATION ========= RESPONDENTS

#### JUDGMENT OF DR. ASA MUGENYI JA

# 1. INTRODUCTION

This is a first Appeal from the ruling of High Court by David Batema J. delivered on 12th July 2021 dismissing the Application to review in the Decree, Judgment and Orders of Margaret Mutonyi J. The Appellant was not a party to Civil Suit 153 of 2019. The High Court found that there was nothing to review and dismissed this Application with costs for lack of merit. The Appellant, then Appealed to this Court challenging the ruling on review. 1

# 2. BACKGROUND

2. L The lirst Respondent filed Civil Suit 153 of 2Ol9 against the second Respondent seeking for a Declaration that the Plaintiff is a bona fide purchaser for value of land described in Kyaggwe Block 369 Plot 1O land at Golomolo; a declaration that the Defendant's deletion of the plaintiff's name from the Certificate of Title of the suit land was done illegally; an Order directing the Defendant to restore and maintain the Plaintiff's name onto the Certilicate of Title as the lawful owner; pg. 1

an Order for general damages and costs of the suit

- 2.2 The matter proceeded inter parties and the High Court decided the matter in the Plaintiffs' favor and declared the 1st Plaintiff a bona fide purchaser for value of the suit land; the Plaintiff's deletion from the Certificate of Title by the Defendant was done illegally; Defendant was Ordered to restore and maintain the Plaintifl's name on the Certificate of Title of the suit land and costs of the suit. - 2.3 The Appellant in this Appeal was not party to the proceedings in Civil Suit 153 of 2019. The Appellant filed an Application for review of judgment which was dismissed for lack of merit hence this Appeal.

# 3. GROUNDS OF APPEAL

The Appellants raised the following grounds of Appeal.

- 1. The learned Judge erred in law and fact when he disregarded the legal principles governing review of judgment thereby arriving at the wrong conclusion. - 2. The learned trial Judge erred in law and fact when he failed to properly evaluate the evidence on record thereby coming to a wrong conclusion that there is nothing to review thus causing a miscarriage of justice as well as injustice to the Appellant. - 3. The learned trial Judge erred in law and fact when he misinterpreted the provisions of the Traditional Rulers (Restoration of Assets and Properties) Act Cap 247 thereby making a wrong conclusion that the law still recognizes the Namasole as the registered proprietor. - 4. The learned trial Judge erred in law when he declined to make a finding on the appropriateness of the ex parte Judgment that was sought to be reviewed.

# 4. Representation

4.1 The Appellant was represented by Mr Robcrt I(irunda, Mr George Muhangi, Mr Edris Mukwaya, Mr Ronald Matovu and Mr Moscs Zimbe. The first Respondent was represented by Mr. Innocent Ngoka. Thcrc was no representative for the second Respondent.

# 5. Decision of the Court

- 5.1 The matter came up for hearing on the 20th o[ . June 2024 and the Appellant's lawyers applied to Court to exercise its discrction to grant consequential leave to Appeal and regularizes the Appeal as it was beforc thc Court. The Appellant did not make an Application in the High Court first as rcquired by law. On the basis of that Application this Court allowed the Appliczrlion under Rule 42 of its Rules and validated the Appeal and reasons whcrc to t;c givcn in this Judgment. The counsels present in Court were given timc lramcs within which to file submissions. The Appellants were to file on or bcforc the 13th of August 2024 and the Respondentswere to file on or beforc 27rr'August2024 and arejoinder on the 3.d September 2024. - 5.2 The parties have to date not filed their submissions. In thc abscnce of submissions there is no basis and guidance the basis on whicl'i thc Court may make a decision on this Appeal. The failure for the partics to filc submissions signifies that they were no longer interested in prosecuting thcir Appcz:ll. An Appeal can only be determined upon parties arguing the grouncls [ri-rmcd lor thc Appeal by pointing out the decisions of the lower Court thcy rv<:r'c irggricvcd with. These issues and can only be responded to in their totality altcr thc parties guide Court through their submissions in line with the remedies sought and the law. - 5.3 The Appeal raises complex issues in regard Lo lirrrrl owned by traditional rulers. The Application for review was in respcct of lanrl owned by the Namasole who was neither a party in the lower Court or this Appcal. The Traditional Rulers pg. 3

(Restitution of Assets and Properties) allows for properties to be returned to traditional rulers. The Namasolc is a relative of the Appellant. Since the parties have not abided by the directions of this Court to file their submission it is possible that as relativcs they decided to resolve this dispute amicably. This Appeal may not be neccssary as the parties have taken no further steps to prosecute it.

#### Final Disposal

In the circumstances, I hereby dismiss the above Civil Appeal with no Order as to costs. Neither party filed submissions.

Dated at Kampala }q(u day of ²⁰²⁵

Dr. Asa Mugenyi JUSTICE OF APPEAL

,

## THE REPUBLIC OF UGANDA

## IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

(CORAM: Kiryabwire, Gashirabake, ond Mugenyi, JJA)

## CIVIL APPEAL NO. 369 OF 2O2I

(Arisingfrom High court Miscellaneous Application No. I 16 of 2021) (Arising from Civil Suit No. 153 of 2019)

#### HIS HIGHNESS THE KABAKA OF BU ::::APPELLANT

#### VERSUS

#### 1. SSALONGO KIBUULE RONALD

#### 2. THE COMMISSIONER LAND REGISTRATION: : : : : : : : : :: : : : : : : : : : : : : RESPONDENTS

## JUDGMENT OF JUSTICE CHRISTOPHER GASHIRABAKE. JA.

I have read in draft the judgment of Hon. Justice Dr. Asa Mugenyi, JA.

I concur with the judgment and the orders proposed and have nothing useful to add.

/

Dated at Kampala the S-.r& day of .......2025.

Gashirabake JUSTICE OF APPEAL.

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### THE REPUBLIC OF UGANDA

### IN THE COURT OF APPEAL UGANDA AT KAMPALA

## (Coram: Geoffrey Kiryabwire, Christopher Gashirabake and Asa Mugenyi, JJA)

### CIVIL APPEAL NO. 369 OF 2O2L

(Arising from High Court Miscelloneous Application No. 116 of 202L) (Arising from Civil Suit No. L53 of 201-9)

### THE HIGHNESS THE KABAKA OF BUGANDA===================== APPELLANT

## VERSUS

- 1. SSALONGO KIBUULE RONALD - 2. THE COMMISSIONER LAND REGISTRATION ========== RESPON DENTS

## JUDGMENT OF MR. JUSTICE GEOFFREY KIRYABWIRE. JA

I have had the opportunity of reading the lead Judgment of the Hon. Mr. Justice Dr. Asa Mugenyi, JA in draft.

^Iagree with it and I have nothing more useful to add.

Since Justice Christopher Gashirabake also agrees with the Judgment of Justice Dr. Asa Mugenyi, we now dismiss the appeal and each party to bear their own costs.

### Final Orders

- 1. The Appeal is hereby dismissed. - 2. Each party to bear their own costs in this Appeal

Dated at Kampala this

HON. MR. JUSTICE GEOFFREY KIRYABWIRE JUSTICE OF APPEAL

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