THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FROT PORTAL
HIGH COURT CIVIL APPEAL NO. 18 OF 2003
(ORIGINAL CIVIL SUIT NO MSD 45 OF 2001 OF THE CHIEF
MAGISTRATE’S COURT OF MASINDI AT HOIMA)
ASIIMWE EDWARD .......................... APPELLANT/DEFENDANT
VERSUS
REV. CANON KAKONGORO ................. RESPONDENT/PLAINTIFF
BEFORE: HON. JUSTICE LAMECK N. MUKASA
JUDGMENT:
The appellant Asiimwe Edward was the defendant in the original suit Masindi Court Civil Suit No: MSD 45 of 2001. In the original suit the respondent Rev. Canon Elisha Kakongoro, who was the plaintiff, sought, inter alia, for an order evicting the appellant and other occupants from the land situated at Kabuye – Kitoma Village Kihukya Parish, Busiisi Sub-county, Hoima Road.
The respondent’s evidence before the trial court was that he acquired the suit land from one Mazinga who had given it to him in 1959. The land was demarcated by poles and trees planted there when he acquired the land. The boundaries of the land had been demarcated by the said Mazinga in the presence of one Kaahwa. The trees planted had grown into big trees and on them he had put barbed wire to fence the land. The respondent’s case was that the appellant or his cows had broken the barbed wire and was committing acts of trespass on the land. Further he claimed that he was offered a lease over the land by the Uganda Land Commission but the appellant had stopped the surveyors from surveying the land, thus preventing the respondent from obtaining a Certificate of title to the land. The respondent further testified that there was a part of the original
