Human Rights

Osotraco Limited v Attorney General (High Court Suit No. 00-CV-CS-1380 of 1986) [2002] UGHC 5 (20 March 2002);

Flynote: 

Search Summary: 

In this case the plaintiff sought court for an order of eviction of the defendant from the suit premises, permanent injunction, special and general damages and mesne profits with interest. This was after the defendant failed to vacate the suit premises upon being purchased by the plaintiff.

Headnote and Holding: 

Court considered whether the plaintiff was the registered propreiter and whether the plaintiff was entitled to mesne profits from the defendant. Court held that the plaintiff was a registered proprietor of the suit property and was entitled to mesne profits from the defendant. Court was satisfied from its findings that the plaintiff had proved conclusive title to the property since it had a certificate of registration.

Court also considered whether the plaintiff was entitled to an order of eviction and damages. Court held that the plaintiff was entitled to an order of eviction and damages. Court was satisfied from its findings that that the plaintiff was seeking to enforce his right to property against a wrongful infringement by government and for that matter despite the provisions of the government proceedings act that sought to bar such a right from being enforced, the plaintiff had a right to his property under the constitution of the republic of Uganda. For that matter the defendant and his agents were to vacate the land within 30 days.

Accordingly court gave judgment in favor of the plaintiff.

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