P.W.cuatro. Onol Joseph, son away from John Lawotum, affirmed that the end up in argument was given so you’re able to his dad John Lawotum by the his dad, Daudi Ochan. John Lawotum subsequently offered the newest belongings to his Sibling Abwok Sapira just who stayed truth be told there toward for quite some time towards respondent. The original appellant, that is a bro to your respondent, upcoming marketed off the property so you’re able to Oyet George, father of your own next appellant. C.III but the first appellant would not hand the new belongings right back to your respondent. The fresh new appellants instead went on building houses on the house. P.W.5 Odongtoo Samuel, a neighbour, stated that new respondent received new end up in argument of their unique late mommy.

In reaction, Oola Peter the initial appellant as the D.W.step 1. affirmed your land in conflict in the first place belonged to Rwot Daudi Ocan exactly who in turn received it of their dad Rwot Apete. The new respondent’s mommy found haven during the household of Rwot where she received property from where to address their own local make business, however, nit new residential property. The newest respondent was created on that village however, letter got married in the Lugwa. She after came back away from their particular relationship to help you allege and sell from part of the residential property. D.W.dos. Adong Jennifer, the next respondent, testified one to throughout the , her later father Oyet George bought a great 90′ x 300′ section of your own land. The daddy erected a creating toward end in the entire year 2011 before his dying within the she inserted onto the home and you will began occupying the building. To the 28 th brand new respondent registered on the homes and you can set thereon bricks in the form of grave. D.W.3. Achol Paska, partner of one’s 3rd respondent, next affirmed their spouse bought the newest land this woman is consuming, computing 20′ x 65′ regarding a single Lanek Andrew in the 12 months 2010. They occupied new belongings peacefully for the next 36 months. From inside the fourth year the guy respondent emerged on the belongings and you may first started planting eucalyptus woods on belongings. She demarcated a shield and you may began saying the land given that hers. She following charged their own husband. The road to Lamwo constitutes this new boundary.

Both sides which have closed the particular times, the newest legal then went along to the locus in the quo in which the limitations of the belongings was indeed shown to the fresh legal. It waiting a design map and submitted proof in the third appellant just who stated that he purchased brand new house the guy takes up out of a single Lanek Andrew towards seven th . Other homes is part of Rwot Daudi Ochan.

Brand new mediation report out of 19 th signifies that the original appellant accessible to efficiency to the respondent, the brand new land he offered towards second and 3rd appellants

Inside the judgment, the trial Magistrate unearthed that proof adduced through the mediation proceedings by the the latest clan and the individuals behavior of L.C. Process of law indicated that it had been conceded this new baДџlantД±ya bir gГ¶z atД±n home belonged on the respondent. The original respondent don’t interest the brand new ant. The original appellant from the you to definitely contract conceded that property really does maybe not fall into him. The latest result in disagreement for this reason belongs to the respondent. The initial respondent is actually incapable of move good identity since the belongings doesn’t fall into him. The next and third appellants failed to take on due diligence in advance of acquisition of one home, and that he or she is trespassers into residential property. Brand new court for this reason supplied empty fingers of the ,and the newest respondent, issued a permanent injunction from the appellants and you can awarded the expense of suit towards the respondent.

She are averted out of offering the brand new house

1. The new discovered demo Magistrate erred in law plus in facts when the guy failed otherwise did not properly evaluate the facts prior to your.