Mubiakulamusa v Friends Estates Ltd (Civil Appeal 209 of 2013) [2014] UGCA 35 (5 September 2014)

Flynote

Land

Case summary

This court agrred with the learned trial Judge’s finding that the above law was inapplicable in the circumstances, as the property in issue was not subject to attachment. There was no warrant of attachment in respect of the suit property. The court had only issued a warrant for vacant possession. This in our view violated the rules of natural justice because the learned Judge with all due respect based his decision only on the10 issues raised in affidavit in reply by the respondent to which the appellant was not availed an opportunity to rebut or reply to by way of rejoinder or otherwise. The court found and held that the same is true in respect of Courts of law, as a right to a fair hearing is a non derogable right enshrined in Articles 28 and 44(c) of the Constitution. The court clarrified however that no finding has been made by this court as to the lawful ownership of the suit property and or whether the appellant is a bonafide purchaser for value without notice. The court in result held that Ruling and orders of the learned trial Judge in Miscellaneous Application No. 435 of 2011 are hereby set aside and substituted with an order dismissing that application. The court further found it fair and just to order that each party bears its own costs both of this appeal and also of the application in the court below.

---