THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA

AT MBARARA

HCT-05-CV-CA-48-2003

BYABAGAMBI ======================================= APPELLANT

VS

E. KENZIREKWIJA =================================== RESPONDENT

BEFORE: HON. JUSTICE LAWRENCE GIDUDU JUDGMENT:

This is a second appeal from the decision of the Chief Magistrate, Mbarara who in exercise of her appellate jurisdiction overturned the judgment of the LC III court of Kichwamba-Bunyaruguru.

This case has a long history having started in the LC court system in 1995 through the Chief Magistrate’s Court Mbarara where a judgment was passed in 2003 and an appeal filed in this court the same year (2003) but the appeal was listed in 2010 before me and I regret to be giving the judgment several months later.

The appellant - Byabagambi, is a nephew to one Kanyankore, who is the father of one Kabahakane who sold the disputed land to the respondent.

It has always been the appellant’s case in the courts below that the late Kanyankore inherited his (appellant’s) father’s land in 1968 when the appellant was 36 years and that Kanyankore died in 1993 before he had given the appellant the share of his father’s land. After the death of Kanyankore, the elders decided to divide