Kibuku district ordered to compensate family for land encroachment

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The High Court has ordered Kibuku District Local Government to compensate a family after it was found to have encroached on their land.

In a judgment delivered electronically on April 27, 2026, Justice Dr Lubega Farouq stated that Dauson Lwalwa is the lawful owner of part of the contested property covered under his freehold certificate of title for Block 2, Plots 277 and 218.

The court also awarded Lwalwa sh50 million in general damages, along with costs of the suit, for the encroachment.

According to Lwalwa, in 2020, Kibuku District Local Government, through its agents, began trespassing on the disputed land and went on to construct permanent structures, including the district administration block and other offices.

However, the court found that Kibuku District Local Government holds equitable ownership over the portion of land that lies outside Lwalwa’s titled area, based on evidence of long-standing use presented during the trial.

The court ordered that Lwalwa be compensated for the encroached land, with the value to be determined by the Government Valuer based on the current market price of undeveloped land. Upon payment, the plaintiff is required to facilitate the transfer of the affected portion to the defendant.

Background

Lwalwa traces ownership of the disputed land to 1987, when he said his father, the late Tiko Dope, gifted it to him. At the time, Tiko Dope held a registered leasehold interest under the Land Reform Decree of 1975.

Court records show that Lwalwa took possession of the land immediately and began using it for commercial activities, including farming.

In 1992, he said he was formally registered on the certificate of title for land comprised in Block 2, Plots 277 and 218 in Kibuku, part of which is now under dispute. He maintains that the contested land extends beyond the titled portion to include adjacent unregistered sections.