Nkizimana Sula and Others v Sserwadda John Mary
Nkizimana Sula and Others v Sserwadda John Mary (Civil Appeal No. 7 of 2024) [2025] UGHC 558 (21 May 2025)
The appeal succeeded because the respondent failed to discharge the burden of proof that the cattle which destroyed his crops belonged to the appellants. The trial magistrate erroneously relied on photographs that were not tendered as evidence and failed to ascertain distinguishing features of the cattle to establish ownership. The oral evidence presented did not sufficiently identify the appellants' cattle as the culprits, and the evidence of a third party, Kakande, was not properly considered. The trial magistrate also improperly adduced her own evidence in judgment. Consequently, the appel…
Source excerpt
- Negligence
- Cattle Trespass
- Burden Of Proof
- Evidence Evaluation