Court name
High Court of Uganda
Judgment date
15 June 2010

Safina Bakulimya & Anor v Yusufu Musa Wamala (Civil Appeal-2007/68) [2010] UGHC 105 (15 June 2010);

Cite this case
[2010] UGHC 105
Short summary:
Property Law, Land

 

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT JINJA

CIVIL APPEAL NO. 0068 OF 2007

 

1.      SAFINA BAKULIMYA            }

2.      KATONO HAWA                      }:::::::::::::::::::::::::::::::::::::APPELLANTS

 

VERSUS

 

YUSUFU MUSA WAMALA          }::::::::::::::::::::::::::::::::::::RESPONDENT

 

 

[Appeal from the Judgment of His Worship Mr. Serubuga Charles (Chief Magistrate) dated 6th August 2007, in Iganga

Civil Suit No. 029 of 2004.]

 

BEFORE: HON. LADY JUSTICE IRENE MULYAGONJA KAKOOZA

JUDGMENT

The appellants brought this appeal against the judgment of Mr. Serubuga Charles, sitting as the Chief Magistrate at Iganga, in which he found that a piece of land situated at Bukonko village, Bulamagi sub-county in Iganga District was the property of the plaintiff (now “the respondent”). He ordered that a permanent injunction issue to retrain the defendants (now “the appellants”) from entering the suit land, and that the appellants pay the costs of the suit.

 

The respondent’s case was that he was the son of Musa Kasolo by his wife Asafuya (Safuya) Kagoya. He claimed to have brought the suit as the attorney or agent of Safuya Kagoya who was then sickly. The appellants were the younger sisters of Safuya Kagoya, all three being the issue of Edirisa Kibwika (deceased). It was the respondent’s case that by an agreement dated 24/05/1975, Musa Kasolo bought 6 acres of land at Bukonko, Buwenda, Magogo Parish in Bulamagi sub-county from his father-in-law, Edirisa Kibwika. Further that the purchase price was shs 2,000/- which Musa Kasolo paid in cash. An agreement of sale in Luganda, without a translation into English, was admitted in evidence as Exh PI. It was the respondent’s case that after the purchase of the land, Musa Kasolo constructed a house on it and lived there with his wife Safuya and their children, including the respondent.

 

It was also the respondent’s case that Musa Kasolo died intestate in 1991, but none of the beneficiaries to his estate obtained letters of administration thereto. Further that his family remained in occupation of the suit land till 9/04/2004 when one Abu Muyinda (a resident of Bukonko village) led Safina Kayaga, Hawa Katono and Badiru Ssengendo (all siblings of Safuya Kagoya) to the land where they cut down banana plants, picked coffee, uprooted cassava and potatoes and felled trees.