Land Dispute

Mubiru Vs Babirye (CIVIL APPEAL NO. 130 OF 2011) [2017] UGCA 23 (1 August 2017);


Search Summary: 

The appellant disputed the decision of the
high court judge who found that the appellant
was a trespasser into the suit land. He
averred that the trial judge erred in holding
that the burden of proof lay on the person
easing the defence of bona fide occupant.

Headnote and Holding: 

Court considered the appeal and disagreed
with decision of the appellate court as
erroneous. At first appeal, the point of
contention was whether the burden of proof
lay on the applicant to prove that he was a
bonafide occupant. Court held that since the
appellant had only raised a defence and not a

counter claim, the appellate judge had erred
in shifting the burden of proof unto the
Court accordingly held that the appellant was
a customary owner of the portion of land on
the suit land.
Court allowed the appeal.


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