P.W.4. Onol Joseph, young man from John Lawotum, testified the result in disagreement got so you can their father John Lawotum by their grandfather, Daudi Ochan. John Lawotum in turn gave brand new property so you can their Aunt Abwok Sapira exactly who existed truth be told there into the for quite some time toward respondent. The first appellant, who is an uncle into respondent, then sold off of the property to Oyet George, dad of the second appellant. C.III but the first appellant would not give the fresh land back toward respondent. The appellants as an alternative continued design property for the residential property. P.W.5 Odongtoo Samuel, a neighbor, stated that new respondent acquired this new land in conflict out of their particular late mom.
In response, Oola Peter the initial appellant because the D.W.1. affirmed your land in disagreement in the first place belonged in order to Rwot Daudi Ocan whom in turn obtained they of his father Rwot Apete. New respondent’s mommy sought haven from the family of your Rwot where she obtained property from where to address their own regional brew organization, however, nit new house. The latest respondent was born on that community however, letter got married from the Lugwa. She afterwards came back regarding their wedding to help you allege market from the main homes. D.W.dos. Adong Jennifer, the next respondent, affirmed you to during the , her late father Oyet George bought a good 90′ x 300′ portion of property. The father erected a building on land in the season 2011 ahead of their dying within the she inserted on the property and began occupying the building. Toward twenty-eight th the newest respondent registered onto the belongings and you will place on that bricks by means of grave. D.W.step three. Achol Paska, spouse of one’s 3rd respondent, then testified their unique partner ordered the homes this woman is consuming, calculating 20′ x 65′ regarding a one Lanek Andrew on the season 2010. It occupied the new property peacefully for the next 36 months. Inside fourth year he respondent emerged on the property and you will first started planting eucalyptus trees towards property. She demarcated a shield and you will first started saying the brand new house because hers. She then prosecuted their partner. The trail in order to Lamwo constitutes brand new edge.
Both parties with closed its particular times, brand new judge upcoming decided to go to the newest locus into the quo in which the limits of one’s home was shown to the newest courtroom. They prepared a design chart and you may filed research in the third appellant who reported that the guy ordered the home the guy occupies from a one Lanek Andrew to your seven th . Other house is part of Rwot Daudi Ochan.
The newest mediation declaration out of 19 th signifies that the first appellant agreed to production into the respondent, brand new homes the guy offered with the next and you may third appellants
Within his wisdom, the new trial Magistrate learned that facts adduced through the mediation legal proceeding of the the fresh new clan additionally the some decisions of L.C. Courts revealed that it had been conceded this new belongings belonged on respondent. The original respondent did not slovenian morsiamet attention the fresh new ant. The initial appellant of the one arrangement conceded your property does perhaps not belong to your. The result in argument for this reason is one of the respondent. The initial respondent is struggling to move a label since home does not get into your. The second and third appellants don’t undertake due diligence just before acquisition of you to definitely land, and that they are trespassers into the land. The fresh court thus provided empty palms of one’s ,and brand new respondent, provided a long-term injunction contrary to the appellants and you may approved the expenses of match with the respondent.
She is avoided from promoting the land
- The brand new discovered trial Magistrate erred in law plus facts whenever he unsuccessful otherwise failed to properly gauge the evidence in advance of him.