THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CIVIL APPEAL NO 51 OF 2003
[Arising from Misc. Application No. 156 of 2003
(Arising from original Mengo Civil Suit No. 151 of 2003)]
1. FESTO KASAJJA ]
2. KASAJJA & SONS STUDIO LTD]............... APPELANTS/OBJECTORS
VERSUS
THE REGISTERED TRUSTEES OF
NAKIVUBO SETTLEMENT MUZZANGANDA .............PLAINTIFF/RESPONDENT
VERSUS
NILE THEATRE LTD ..................................................... DEFENDANT/RESPONDENT
5th October 2005
BEFORE: THE HON. MR. JUSTICE R.O. OKUMU WENGI
JUDGMENT:
The three appellants have filed two memoranda of appeal. The facts giving rise to those appeals are that the Respondent (The Registered Trustees of the Nakivubo Settlement Muzzanganda) obtained a decree against Nile Theatre Ltd their former tenant civil suit 151 of 2003 on 15/4/2003. The decree gave the Respondent/Plaintiff recovery of the rented premises known as Plot 77 Nakivubo place, Kampala and arrears of rent.
In the process of execution the present applicants emerged as objectors. The learned Chief Magistrate heard and dismissed these objections on 2/7/2003 hence these two appeals which I decided to consolidate.
For the first and second appellant it is contended firstly that the Chief Magistrate was wrong in holding that the appellants had constructed two houses on the Respondents Land at Mengo Kisenyi. Secondly he contends that the courts findings in respect of annexure KS to
