Choices have been made in favour of the newest respondent doing the latest L

P.W.cuatro. Onol Joseph, son from John Lawotum, affirmed the land in dispute gotten to help you their father John Lawotum by their daddy, Daudi Ochan. John Lawotum subsequently gave the latest property so you’re able to his Sibling Abwok Sapira whom stayed there towards for a long period into respondent. The initial appellant, that is a cousin towards respondent, upcoming marketed from the belongings so you’re able to Oyet George, dad of one’s next appellant. C.III however the basic appellant refused to hands the latest home straight back toward respondent. The appellants rather went on developing buildings to your house. P.W.5 Odongtoo Samuel, a neighbour, reported that new respondent obtained the brand new end up in disagreement of their particular later mom.

In response, Oola Peter the original appellant as the D.W.step 1. affirmed your end up in conflict to begin with belonged to help you Rwot Daudi Ocan whom therefore gotten they away from their father Rwot Apete. Brand new respondent’s mommy tried refuge from the household of one’s Rwot where she received a house from which to control their particular regional produce organization, however, nit the fresh new belongings. This new respondent was given birth to thereon village however, page got married on Lugwa. She later on returned from their unique wedding so you can allege and sell out-of an element of the homes. D.W.2. Adong Jennifer, next respondent, testified one while in the , their later dad Oyet George bought an excellent 90′ x 300′ part of your home. The father erected an establishing on the end up in the season 2011 just before their demise when you look at the she joined on the land and you can first started occupying the building. To the 28 th the latest respondent inserted on the belongings and place on that bricks by means of grave. D.W.step 3. Achol Paska, wife of your 3rd respondent, up coming affirmed their particular partner bought the latest residential property she’s consuming, calculating 20′ x 65′ out-of a-one Lanek Andrew on the 12 months 2010. It occupied the fresh new residential property soundly for another 36 months. In the fourth-year he respondent came on the residential property and you may first started planting eucalyptus trees on homes. She demarcated a shield and began stating the brand new home as hers. She following prosecuted her husband. The trail so you’re able to Lamwo constitutes this new border.

Each party that have closed their particular instances, the latest court next visited brand new locus in quo in which the boundaries of the belongings had been shown to the brand new courtroom. It prepared an outline chart and filed evidence from the third appellant just who stated that the guy ordered the fresh new belongings he uses up away from a-one Lanek Andrew into 7 th . Other home falls under Rwot Daudi Ochan.

The fresh new mediation statement out of 19 th signifies that the original appellant offered Date Asian Woman besГёkende to yields with the respondent, the new belongings the guy offered toward next and you may third appellants

In his judgment, the latest demonstration Magistrate learned that evidence adduced throughout the mediation procedures of the the fresh new clan as well as the certain choices of the L.C. Courts revealed that it had been conceded the latest property belonged toward respondent. The original respondent did not attention the latest ant. The first appellant by the one agreement conceded your land does not get into him. This new end up in dispute ergo belongs to the respondent. The original respondent are not able to move good identity while the property will not fall into your. The second and you will third appellants don’t accept research in advance of purchase of one home, and therefore he is trespassers towards the property. The brand new court for this reason provided unused possession of the ,also to the fresh respondent, issued a permanent injunction up against the appellants and you may provided the expenses of your own suit for the respondent.

She is stopped out-of selling the fresh residential property

1. The fresh new learned demo Magistrate erred in law as well as in facts whenever the guy unsuccessful otherwise didn’t properly measure the facts just before him.