Omona v Amito (Civil Appeal No.5 of 2015) [2019] UGHCLD 3 (28 February 2019)

Flynote

Land

Case summary

In this case the appellant had sued the respondent for a declaration that he was the rightful owner of the suit land. The trial court found in favor of the respondent hence this appeal. The grounds of appeal were, that the trial magistrate failed to properly evaluate the evidence on record thereby arriving at a wrong decision, and that the court failed to consider the evidence at locus to the prejudice of the appellant. Concerning ground one, the court rejected it because it was too general and did not specifically point out errors in the course of the trail.   On the issue of locus, the court disregarded the additional evidence of witnesses who never testified in court, since there was sufficient evidence to guide court in its decision.   The court found that the evidence as a whole showed was in favor of the respondent and therefore the trail court had come to a correct conclusion.     The appeal was thereby dismissed and costs awarded to the respondent.

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