Bwiza Vs Kadama (Civil Appeal No.35 of 2011) [2018] UGCA 76 (25 October 2018)

Flynote

Evidence Law|Burden of Proof|Property Law|Land

Case summary

The court held that as a first appellate court, its required to evaluated the evidence and reach an independent decision. That the duty to frame the issues lies with the court and the trial judge didn’t fail in the way he framed the issues. That the burden of proof always rests with the plaintiff. That when the respondent showed the failure to pay the balance as a substantial cause, the burden shifted to the appellant to show that he had paid the balance. As to whether the trial judge properly evaluated the evidence on record, the court held that the evidence on record was properly evaluated and hence the trial court reached a well guided conclusion.

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