Kamadi Logonvu Vs Nandawula & 4 Ors (CIVIL APPEAL No. 135 OF 2014) [2019] UGCA 40 (29 March 2019);


Search Summary: 

This is a second appeal from the high court
sitting as an appellate court from a decision of
the grade one magistrate. The appellants in the
high court were the plaintiffs in the lower court
and had sued the respondent for unlawful
interference with their rights as tenants by
occupancy. They sought a permanent

injunction which was denied hence the appeal
to the high court which was allowed hence this
further appeal on the grounds of improper
evaluation of the evidence, failure to visit the
locus in quo and hence occasioned a
miscarriage of justice and the holding that the
respondents acquired an interest in the
development of the suit land and were lawful

Headnote and Holding: 

The court held that this being a second appeal,
it can be considered on a matter of law alone
and not of fact. That the beneficial interest
flows from a finding on a point of law as to
whether the respondents are lawful occupants
within the meaning of the law. That the trial
proceeded on wrong premises of law. That the
actual rights of the parties were not determined
in accordance with the existing law. That the
right of occupancy of a widow to the principal
residential holding of the deceased person is
preserved by s 29 of the Succession Act. The
issue of the right to the estate of the deceased
couldn’t be tried without the appointment of a
legal representative of the deceased. That the
respondents failed in their pleadings to disclose
an interest in land.


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