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
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
who was the heir to the late Paulo Matovu
the original owner.
case was that the Kibanja
belonged to Nambalirwa
who was allegedly a daughter of late Paulo