Institution of proceedings

Limur Livestock Co Ltd Vs Okongo & 4 Ors (CIVIL APPEAL No. 131 OF 2012) [2019] UGCA 15 (27 March 2019);


Search Summary: 

This appeal arose from the decision of the high
court in which it dismissed the appellant claim
for recovery of land and upheld the
counterclaim in that the land had been acquired
fraudulently. The grounds are that judge erred
in holding that the suit didn’t belong to the
appellant, fraud committed, trespass on the
land and improper evaluation of evidence.

Headnote and Holding: 

The court held that as the first appellate court,

it has a duty to re appraise the evidence and
make inferences on all issues of law and fact.
That a company is a separate and distinct legal
personality from its member. That since the
company was not in existence when the lease
was offered, there arose no cause of action and
the appeal emanates from a non-existent cause
of action.


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