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14 Sept 2021

Land And Property [2021] UGHCLD 133

Kimbowa v Kasitro

Kimbowa v Kasitro (Civil Suit No. 197 of 2009) [2021] UGHCLD 133 (14 September 2021)

Court: HC: Land Division (Uganda)
Case number: Civil Suit No. 197 of 2009
Judge: Nyanzi, J

The court found that the plaintiff, as heir to Eriya Sonko, acquired and occupied a portion of Kibuga Block 28 Plot 724 prior to the defendant's purchase. The evidence of inheritance and occupation was unchallenged and corroborated by other witnesses. The defendant's claim to be a bona fide purchaser failed because he did not conduct adequate due diligence: at the time of purchase, the vendor was not the registered owner, and the defendant failed to inquire with persons in occupation or neighbors, despite being aware of the plaintiff's presence and interest. The court held that the defendant'…

Source excerpt

Bona Fide Purchaser
Fraud In Land Registration
Inheritance And Succession
Admissibility Of Evidence
Equitable Interest In Land

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1 Jan 1947

Civil Procedure [1947] EACA 8

Said and Others v Ghulum

Said and Others v Ghulum (Civil Appeal No. 21 of 1946) [1947] EACA 8 (1 January 1947)

Court: East African Court of Appeal
Case number: Civil Appeal No. 21 of 1946
Judge: Bartley J, Graham Paul CJ, Nihill P

The Court held that the Indian Evidence Act, having been applied to Kenya, governs all judicial proceedings in courts, including the Kathi's Court, regardless of the religious background of the parties or the nature of the dispute. The Mohammedan rules of evidence, being non-statutory and expressly repealed by section 2(1) of the Act, no longer apply to the reception of evidence in such courts. The Application to Natives of Indian Acts Ordinance (Cap. 4) does not restrict the Evidence Act's application, as the Act pertains to courts and judicial proceedings, not to persons. Consequently, the…