Delict and Tort Law

Kabasongola v Kaburuli (CIVIL APPEAL NO. 0016 OF 2015) [2016] UGHCLD 47 (24 November 2016);


Search Summary: 

The appellant instituted a civil suit against the respondent for trespass to her land. The trial Magistrate found that the appellant’s father had been granted temporary stay on the suit land by the respondent after the death of his father. That the appellant’s father left the suit land after 2 years of occupation. Therefore, he could not pass on any title to the appellant’s husband since the land was not his. The appellant being dissatisfied lodged this appeal.

Headnote and Holding: 

The Court found that the trial Magistrate made reference to documentary evidence that was not produced by the appellant and it is on record that the appellant was not represented at the lower court and on perusal of the court record found the same on file though were never tendered in court, the same applied to the documents of the respondent and hence there was no miscarriage of justice to either party in that regard. Court further found that the appellant’s father did not own the suit land therefore couldn’t pass on title over what he did not own and hence the lack of due diligence of the appellants’ late husband should be imputed on the appellant. 


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