National Forest Authority v Kiwanka
National Forest Authority v Kiwanka (Civil Appeal No. 05/2009) [2010] UGCA 56 (9 April 2010)
The court held that Statutory Instrument No. 63 of 1998 lawfully degazetted 13.6 hectares from Kyewaga Central Forest Reserve, which constituted the suit land. The respondent's certificate of title, acquired after diligent search and due process, was indefeasible in the absence of fraud, which the appellant failed to prove. The respondent was a bona fide purchaser for value without notice. The appellant's eviction of the respondent was unlawful, entitling the respondent to general damages for trespass and inconvenience, and interest on the loan facility taken to purchase the land. The award o…
Source excerpt
- Degazettement Of Forest Reserve
- Indefeasibility Of Title
- Trespass To Land
- Damages For Unlawful Eviction
- Burden Of Proof
- Remedies For Land Disputes