Naggayi v Lwanga
Naggayi v Lwanga (Civil Appeal No. 30 of 2019) [2021] UGHCCD 200 (22 October 2021)
The appeal partially succeeded on the ground that the trial Magistrate erred by allowing the Respondent to proceed on a counterclaim introduced in an amendment to the written statement of defence without leave of court. However, the evidence, including sale agreements, survey reports, and mediation proceedings, established that the Respondent is the rightful owner of the suit kibanja. The Appellant's claim failed due to lack of sufficient proof of ownership and inconsistencies regarding boundaries and landlord identity. The award of general damages to the Respondent was set aside, but the Res…
Source excerpt
- Kibanja Ownership
- Trespass To Land
- Counterclaim Procedure
- Survey Evidence
- Capacity To Sue
- Boundaries Dispute