Namwanje v Luyigo and Another (Civil Suit No.185 of 2008) [2010] UGHCLD 3 (13 April 2010)

Full Case Text

### **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 **1** 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 a 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

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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-**..'I / Anna Magezi

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