The High Court in Kampala has dismissed a long-running land dispute filed by Dr. Peter Musoke Gukiina against businessman Sudhir Ruparelia and Speke Hotel 1996 Limited, ruling that the doctor has no legal claim over the contested land in Kongero, Wakiso District.
In a detailed judgment, Justice P. Basaza-Wasswa found that Dr. Gukiina failed to prove that he held any lawful or bona fide occupancy rights, commonly referred to as a kibanja on the disputed plots adjacent to his registered land.
The case revolved around ownership and occupation of land comprised in Busiro Block 443, where Dr. Gukiina claimed rights not only over Plot 50, which he legally owns, but also over portions of neighboring plots numbered 49, 52, 74, and 76. These adjacent plots are currently registered under Speke Hotel 1996 Limited.
Dr. Gukiina argued that he had acquired kibanja interests on the land in the late 1980s and early 1990s from various occupants, and had since developed the area with plantations, structures, and business installations. He accused the defendants of trespass, unlawful eviction, and destruction of his property.
However, the court found that the agreements presented by Dr. Gukiina clearly indicated that the kibanja he purchased was strictly located on Plot 50, and not on any of the neighboring plots he later laid claim to.
“The wording in each of the agreements is plain and unambiguous… the plaintiff purchased bibanja that were all situate only on Plot 50 and not on any other plot,” the judge ruled.
Justice Basaza-Wasswa further held that Dr. Gukiina attempted to rely on oral testimony to extend his claim beyond what was stated in the written agreements an approach the court rejected under established evidentiary rules.
The court also noted that key witnesses, including the original land sellers and former registered owners, were never called to testify, weakening the plaintiff’s case. This omission allowed the court to draw an adverse inference that their testimony would not have supported his claims.
Additionally, the judge pointed to inconsistencies in Dr. Gukiina’s previous legal actions, including earlier cases where his complaints were limited to boundary disputes involving only Plot 50 and Plot 75. The court ruled that he could not now expand his claims to cover additional land.
On the central issue, the court concluded that Dr. Gukiina does not qualify as either a lawful occupant or a bona fide occupant under Uganda’s land laws with respect to the disputed plots.
“His claim… is rejected. He does not qualify to be a lawful occupant, nor a bona fide occupant,” the judgment stated.
The ruling effectively affirms Speke Hotel 1996 Limited’s ownership and possession of the contested plots, dealing a major blow to Dr. Gukiina’s claims of unlawful eviction and trespass.
The case, which has roots stretching back over two decades and involved multiple earlier suits and appeals, highlights the complexities surrounding land ownership, kibanja rights, and overlapping claims in Uganda’s land tenure system.
