Asaba v Byeitima and Another (Civil Suit No-HCT-12-CV-CS-0024 of 2010) [2012] UGHC 426 (4 December 2012)

# 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.


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$2D$

Signed: Judge 25/02/2013