Onyango Mahande and Another v Mageni Wilberforce and Others
Onyango Mahande and Another v Mageni Wilberforce and Others (CIVIL APPEAL NO.0026 OF 2023) [2024] UGHC 1237 (19 November 2024)
The court found that the Appellants failed to prove ownership or possession of the suit land, as their evidence was inconsistent, departed from their pleadings, and was contradicted by their own witnesses. The Respondents' evidence was consistent, corroborated by the locus in quo and the sketch map, and not discredited during cross-examination. The trial Magistrate did not err in considering the location of the suit land as a factor in evaluating the parties' evidence, nor in finding the Appellants' exhibits irrelevant to ownership. The appellate court upheld the trial court's findings, holdi…
Source excerpt
- Customary Land Ownership
- Burden Of Proof
- Pleadings And Consistency
- Oral Evidence
- Trespass
- Appeals Process