Uganda Case Law

Byabagambi v Kenzirekwija (Hct-05-cv-ca-48-2003)

Byabagambi v Kenzirekwija (Hct-05-cv-ca-48-2003) [2011] UGHC 184 (19 May 2011)

Court

High Court of Uganda

Case number

Hct-05-cv-ca-48-2003

Judge

Gidudu, J

The appeal fails because the appellant did not provide sufficient evidence to establish res judicata, as the judgment and proceedings of the alleged prior suit were not available. Without proof of res judicata, the sale of the land by Kabahakane to the respondent stands valid. The appellant, having waited 25 years to assert his claim, is barred by the law of limitation and the doctrine of laches. Kabahakane, as the surviving son of Kanyankore, had superior title and the right to sell the land. The findings of fact by the Chief Magistrate are supported by evidence and cannot be disturbed on se…

Source excerpt

• Customary Land Inheritance
• Limitation Periods
• Validity Of Land Sale