The court held that the respondents could not
have legally acquired customary tenure in an
urban area of Kampala City prior to the
enactment of the Land Act 1998. That the
respondents failed to establish that they were
occupying the suit land under customary
tenure. There was no evidence to show under
what kind of custom or practice they occupied
the land and whether that custom had been
recognized and regulated by a particular group
or class of persons living in the area. That
Since the respondents were lawful bona fide
occupants, their interest in the suit land could
not be granted or transferred to a third party

without affording them the protection provided
in the Land Act. That there was a deliberate
effort by the appellants to sideline the
respondents as bona fide occupants or tenants
at sufferance of the suit land.