Kamadi Logonvu Vs Nandawula & 4 Ors (Civil Appeal No. 135 of 2014) [2019] UGCA 40 (29 March 2019)

Flynote

Property Law|Land

Case summary

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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