THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA.
CIVIL APPEAL NO.24 OF 1986
MUSULAYIMU MUSOKE : : : : : : : : : : : APPELLANT
Before: The Honorable Mrs. Justice M. Kireju
J U D GM E N E N T.
This is a second appeal in a land (Kibanja) dispute in which the trial magistrate Grade II at Lugazi gave judgment on of the present respondent who was the plaintiff 8/1/1986 in favour.
On first appeal the trial magistrate’s judgment was upheld by tile Chief Magistrate at Mukono on 5/9/1986. Leave to appeal to this court was given by the Chief Magistrate on 16/9/1986 under section.232 (1) (c) of the Magistrate’s Courts Act 1970. On 7/4/87, the appellant applied to this court and was granted a stay of execution pending the hearing of this appeal. The appellant’s application to adduce additional evidence was dismissed on 29/1/1992. The appellant/defendant in this appeal was represented by Mr. Kaala of M/s Kaala & Co. Advocates who also represented him in the lower courts.
The respondent/plaintiff was represented in this appeal by Mr. Buule of M/s Katende and Ssempebwa Advocates, the respondent was not represented in the lower courts.
The brief background to this appeal is that the respondent/ plaintiff, Mulumba sued the appellant/defendant in Magistrate Grade II court for trespass on his Kibanja by the appellant. The plaintiff was alleged to have bought the Kibanja from Iga who was the heir to the late Paulo Matovu the original owner.
The defence case was that the Kibanja belonged to Nambalirwa who was allegedly a daughter of late Paulo