This is a second appeal in a land (
Kibanja) dispute in which the trial magistrate Grade II at
Lugazi gave judgment on of the present respondent who was the plaintiff 8/1/1986 in
favour.
On first appeal the trial magistrate’s judgment was upheld by tile Chief Magistrate at
Mukono on 5/9/1986. Leave to appeal to this court was given by the Chief Magistrate
on 16/9/1986 under section.232 (1) (c) of the Magistrate’s Courts Act 1970. On 7/4/87, the appellant applied to this court and was granted a stay of execution pending the hearing of this appeal. The appellant’s application to adduce additional evidence was dismissed on 29/1/1992. The appellant/defendant in this appeal was represented by Mr.
Kaala of M/s
Kaala & Co. Advocates who also represented him in the lower courts.
The respondent/plaintiff was represented in this appeal by Mr.
Buule of M/s
Katende and
Ssempebwa Advocates, the respondent was not represented in the lower courts.
The brief background to this appeal is that the respondent/ plaintiff,
Mulumba sued the appellant/defendant in Magistrate Grade II court for trespass on his
Kibanja by the appellant. The plaintiff was alleged to have bought the
Kibanja from
Iga who was the heir to the late Paulo
Matovu the original owner.
The
defence case was that the
Kibanja belonged to
Nambalirwa who was allegedly a daughter of late Paulo
