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Civil Procedure [2020] UGHC 94

Akot v Okwonga

Akot v Okwonga (Civil Appeal No. 35 of 2019) [2020] UGHC 94 (22 May 2020)

The appeal court found that the trial Magistrate did not err in recording evidence from witnesses at the locus in quo, as the evidence was essential for a just decision and not merely to fill gaps in either party's case. Fraud was neither pleaded nor proved by the respondent, and thus the appellant's title could not be impeached on that ground. However, the respondent established an overriding interest in the land by virtue of actual occupation and proprietary interest, as evidenced by long-term residence and burials on the land. The appellant acquired title with actual notice of the responde…

  • Summoning Of Witnesses
  • Fraud In Land Transactions
  • Overriding Interests
  • Adverse Possession
  • Title Deeds
  • Actual Occupation
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