Kampala, Uganda | THE INDEPENDENT | 10 families are on the verge of being evicted after the Court of Appeal ruled on a land dispute in Kyanja, Kawempe division.
On Tuesday, Justice Elizabeth Musoke, Catherine Bamugemereire, and Stephen Musota ruled that the one-acre piece of land along Komamboga road in Kyanja belongs to Joseph Kabuuza Bossa and not Lameck Mukeeze Muwanga.
In 2006, Muwanga sued Bossa in the High Court together with his aunt Esther Nasuna who was the registered owner of the land seeking a declaration that their registration had been procured fraudulently. He also asked court to cancel their titles.
Muwanga indicated that Nasuna obtained a certificate for the land in 1995 and at the time of her transferring part of the land to Bossa in 2001, all the three parties were living in the United States of America.
But in her defense, Nasuna told court that she had lawfully dealt with the land transaction because Muwanga had given it to her as a gift.
In her decision, Lady Justice Monica Mugenyi who was then a High Court Judge dismissed Nasuna’s claims saying she didn’t bring evidence to prove that the land was given to her as a gift.
She also ruled that Bossa was aware of Nasuna’s fraud and therefore he also couldn’t qualify as the bonafide purchaser of the land.
Mugenyi also issued a permanent injunction restraining the two from interfering with Muwanga’s possession and utilization of the land and awarded 20 million shillings in compensation for damages at an interest of 8 percent per annum from the date of judgment.
Bossa appealed among other grounds saying the trial judge erred in law and fact when she failed to properly evaluate the evidence before her.
On Tuesday, the Court of Appeal Justices set aside Justice Mugenyi’s decision on grounds that there was no proof of fraud and its particulars as required in law by the time the High Court Judge made a decision in favor of Muwanga.
The Court of Appeal Justices also noted that Bossa was a bonafide purchaser of the land and therefore his certificate of title which was conclusive of his ownership was proof that there was no fraud.
Muwanga has been directed to pay the costs of the suit.