Evidence Law

Bwiza Vs Kadama (CIVIL APPEAL NO.35 OF 2011) [2018] UGCA 76 (25 October 2018);


Search Summary: 

This appeal arises from the acquisition of the
land in installments that would lead to eventual

ownership but the death of the owner and
subsequent bequeath of the same to the
executers of the same. The appeal contends
that there was wrong evaluation of evidence,
framing of issues and improper evaluation of

Headnote and Holding: 

The court held that as a first appellate court, its
required to evaluated the evidence and reach an
independent decision. That the duty to frame
the issues lies with the court and the trial judge
didn’t fail in the way he framed the issues.
That the burden of proof always rests with the
plaintiff. That when the respondent showed the
failure to pay the balance as a substantial
cause, the burden shifted to the appellant to
show that he had paid the balance.
As to whether the trial judge properly
evaluated the evidence on record, the court
held that the evidence on record was properly
evaluated and hence the trial court reached a
well guided conclusion.


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