Obongoi v Odiye Yuventine and Others (Civil Appeal No. 164 of 2016) [2023] UGCA 384 (28 September 2023)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 164 of 2016
Judge
Bamugemereire, JA, Buteera, DCJ, Gashirabake, JA
The Court of Appeal found that the first appellate court failed in its duty to re-evaluate the evidence as required on a first appeal. The evidence did not support the award of the disputed acreage to the respondents, as there was no agreement by the appellant to grant the respondents any portion of the land. The failure to record proceedings at the locus in quo was a procedural error, but in this case, the substantive evidence on record sufficed to resolve the boundary dispute. The inconsistencies in the respondents' case were minor and did not affect the determination of the key issues. Con…
Baligira and 7 Others v Kanyankole and 4 Others (Civil Appeal 100 of 2014) [2017] UGCA 135 (14 August 2017)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 100 of 2014
Judge
Kasule, Ag JA, Kiryabwire, JA, Musoke, JA
The Court of Appeal held that the absence of an instrument number on the duplicate certificate of title did not amount to fraud, as the registry copy contained the instrument number and no evidence was adduced to prove fraudulent conduct by the transferees. The evidence supported the existence of an oral contract and payment for the suit land between the original owners and the first buyers, and the transfer forms bore the genuine thumbprint and signature of the sellers. The respondents failed to strictly prove fraud as required by law. Consequently, the first to sixth appellants were bona fi…