Olando Difasi & Ors v Ono Zacharia (Civil Apppeal No. 08 of 2016) [2017] UGCA 133 (11 September 2017)

Flynote

Civil Procedure|Appeals and reviews

Case summary

Court considered the appeal and on the issue of the matter being res judicata, court disagreed with the lower court. Court held that there was no record of judgement that would have been a basis to determine whether similar issues regarding the suit land had been conclusively determined by a court of jurisdiction. Court also considered whether the trial judge had properly revaluated the evidence adduced at trial. Court held that the trial judge had based his decision on the evidence on record from the magistrate court. Court added that the omnibus nature o the ground of appeal meant that it had to determine ownership of the suit land, yet as a second appellate court, it was precluded from retrying the case. Court accordingly allowed the appeal in part affirmed the decision of the magistrate.

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