Court name
High Court of Uganda
Judgment date
5 October 2005

Kasajja and Anor v Registered Trustees, Nakivubo Settlement Muzzanganda and Anor (Civil Appeal-2003/51) [2005] UGHC 29 (05 October 2005);

Cite this case
[2005] UGHC 29

 

 

 

THE REPUBLIC OF UGANDA

 


IN THE HIGH COURT OF UGANDA AT KAMPALA
CIVIL APPEAL NO 51 OF 2003
[Arising from Misc. Application No. 156 of 2003
(Arising from original Mengo Civil Suit No. 151 of 2003)]

 

1. FESTO KASAJJA ]
2. KASAJJA & SONS STUDIO LTD]............... APPELANTS/OBJECTORS

 

 

 

 

VERSUS

THE REGISTERED TRUSTEES OF
 NAKIVUBO SETTLEMENT MUZZANGANDA .............PLAINTIFF/RESPONDENT

VERSUS

NILE THEATRE LTD ..................................................... DEFENDANT/RESPONDENT


5th October 2005

BEFORE: THE HON. MR. JUSTICE R.O. OKUMU WENGI
JUDGMENT:

 
 
The three appellants have filed two memoranda of appeal. The facts giving rise to those appeals are that the Respondent (The Registered Trustees of the Nakivubo Settlement Muzzanganda) obtained a decree against Nile Theatre Ltd their former tenant civil suit 151 of 2003 on 15/4/2003. The decree gave the Respondent/Plaintiff recovery of the rented premises known as Plot 77 Nakivubo place, Kampala and arrears of rent.
In the process of execution the present applicants emerged as objectors. The learned Chief Magistrate heard and dismissed these objections on 2/7/2003 hence these two appeals which I decided to consolidate.
 

For the first and second appellant it is contended firstly that the Chief Magistrate was wrong in holding that the appellants had constructed two houses on the Respondents Land at Mengo Kisenyi. Secondly he contends that the courts findings in respect of annexure KS to