Sudhir wins again as court throws out Gukiina’s 20-year land row against Speke Hotel Wakiso

Kampala, Uganda: 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 complainant has no legal claim over the contested land in Wakiso District.

In a judgment delivered by Justice P. Basaza-Wasswa, the court found that Dr Gukiina failed to prove any lawful or bona fide occupancy interest on the disputed plots located in Kongero.

At the centre of the dispute were Busiro Block 443 plots 49, 52, 74, and 76, which Gukiina claimed he occupied under kibanja rights extending from his legally recognised Plot 50.

However, the court ruled that all agreements presented clearly limited his interest strictly to Plot 50. “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 held.

Justice Basaza-Wasswa rejected attempts by Dr. Gukiina to rely on oral testimony to expand his claim beyond the written agreements, citing established evidentiary rules.

The court also faulted the plaintiff for failing to call key witnesses, including original land sellers and prior registered owners. The judge noted that this omission allowed the court to draw an adverse inference that such testimony would not have supported his case.

The court further pointed to inconsistencies in Dr. Gukiina’s earlier legal actions, where his claims were limited to boundary disputes involving Plot 50 and Plot 75.

It ruled that he could not lawfully expand those claims to cover additional plots, no lawful or bona fide occupancy and on the central question, the court concluded that Dr Gukiina does not qualify as either a lawful occupant or a bona fide occupant under Uganda’s land laws.

“His claim… is rejected. He does not qualify to be a lawful occupant, nor a bona fide occupant,” the ruling stated.

However, in a partial finding, the court ruled that Speke Hotel unlawfully encroached on Dr. Gukiina’s legally recognised Plot 50. The court found that part of the company’s perimeter wall extended onto his land by approximately 0.09 acres, amounting to trespass.

Instead of ordering demolition, the court awarded compensation of Shs66.4 million for the encroached land and a further Shs15 million as general damages for inconvenience. The Judge directed that the total sum be paid immediately, with interest at 10% per annum until full settlement.

Major win for Speke Hotel

While the trespass finding offers limited relief to Dr. Gukiina, the overall judgment overwhelmingly favours Speke Hotel, dismissing broader claims of unlawful occupation, eviction, and ownership.

The case, spanning over two decades, highlights the complexities surrounding kibanja rights, land agreements, and overlapping ownership claims within Uganda’s land tenure system.

Legal observers note that the ruling reinforces the primacy of written agreements in land transactions, while also affirming that even registered proprietors can be held liable for encroachment.