The High Court in Kampala has dismissed a long-standing land dispute filed by Dr Peter Musoke Gukiina against businessman Sudhir Ruparelia and Speke Hotel 1996 Limited and ruled that the doctor has no legal claim over the contested land in Kongero, Wakiso District.
In a detailed judgment, Justice P. Basaza-Wasswa held that Dr Gukiina failed to prove any lawful or bona fide occupancy rights beyond his registered Plot 50.
The court found his case weakened by inconsistencies, a disorganized evidentiary record and attempts to stretch claims beyond what was expressly contained in written agreements.
The dispute revolved around land comprised in Busiro Block 443. While Dr Gukiina lawfully owns Plot 50, he sought to assert rights over adjacent plots numbered 49, 52, 74 and 76, which are registered under Speke Hotel 1996 Limited.
He argued that he acquired kibanja interests on the land between the late 1980s and early 1990s and had since developed it with plantations and structures. He further accused the defendants of trespass, unlawful eviction and destruction of property.
However, the court found that all agreements presented by Dr Gukiina clearly limited his interests 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,” Justice Basaza-Wasswa ruled.
The judge rejected attempts to rely on oral testimony to expand the claim, emphasizing that such assertions could not override clear written agreements.
The court also faulted the plaintiff for failing to call key witnesses, including original land sellers, noting that this omission significantly weakened his case.
Further inconsistencies were identified in Dr Gukiina’s earlier legal actions, where his claims had been confined to boundary disputes involving Plot 50 and Plot 75.
The court ruled that he could not subsequently broaden his claims to cover additional land without credible evidence.
“His claim is rejected. He does not qualify to be a lawful occupant, nor a bona fide occupant,” the judge stated.
Despite dismissing the main claims, the court established that a portion of Speke Hotel’s perimeter wall had encroached onto Plot 50 by approximately 0.08 acres, amounting to limited trespass.
Instead of ordering demolition, the court awarded Shs66.4 million as compensation for the encroached land and an additional Shs15 million in general damages for inconvenience. The total sum is to attract interest at 10 percent per annum until full payment.
Each party was ordered to bear its own legal costs.
The ruling confirmed Speke Hotel 1996 Limited’s ownership of the disputed plots while underscoring the decisive role of clear documentation and coherent evidence in land litigation.
The case had taken more than two decades, which reveals the enduring complexities surrounding kibanja rights and overlapping claims within the land tenure system.
