P.W.4. Onol Joseph, son away from John Lawotum, testified that land in conflict gotten so you can their father John Lawotum from the their parent, Daudi Ochan. John Lawotum therefore provided new homes in order to their Brother Abwok Sapira who existed indeed there towards the for a long period for the respondent. The initial appellant, that is a sibling toward respondent, up coming marketed from the home so you can Oyet George, father of one’s 2nd appellant. C.III however the first appellant refused to hands brand new home back with the respondent. The fresh appellants instead continued building houses toward property. P.W.5 Odongtoo Samuel, a neighbour, stated that the newest respondent obtained the latest result in argument regarding their own later mom.
As a result, Oola Peter the original appellant because the D.W.step one. affirmed the result in dispute to begin with belonged in order to Rwot Daudi Ocan whom subsequently gotten they from their father Rwot Apete. The fresh respondent’s mother wanted sanctuary within home of your Rwot in which she was given a house from where to carry out her regional brew providers, but nit the fresh new homes. The fresh new respondent came into this world thereon village but letter had hitched at the Lugwa. She later came back away from their particular relationship in order to allege and sell of a portion of the belongings. D.W.2. Adong Jennifer, the second respondent, affirmed one during , her late father Oyet George ordered an excellent 90′ x 300′ portion of the home. The father erected a developing toward end in the year 2011 ahead of their dying in the she entered on the residential property and you can first started consuming this building. Towards the twenty eight th the fresh respondent entered onto the property and you may set thereon bricks in the form of grave. D.W.3. Achol Paska, spouse of the 3rd respondent, upcoming testified their own partner bought the fresh new residential property she actually is consuming, computing 20′ x 65′ out of a-one Lanek Andrew regarding seasons 2010. It filled brand new belongings peacefully for the next three years. Inside the fourth year he respondent showed up onto the homes and you may began planting eucalyptus woods towards property. She demarcated a shield and you will first started stating the new house as the hers. She after that charged their particular spouse. The road to help you Lamwo constitutes this new border.
Both parties that have finalized the respective cases, the fresh new court following went along to the latest locus from inside the quo where limitations of the belongings have been demonstrated to this new courtroom. It waiting a design chart and you may filed research about third appellant whom stated that the guy bought the fresh new land he uses up regarding a single Lanek Andrew for the eight th . The rest of the home belongs to Rwot Daudi Ochan.
The new mediation statement of 19 th signifies that the first appellant agreed to production into respondent, the belongings he ended up selling to your second and you can 3rd appellants
Within his view, the new trial Magistrate unearthed that facts adduced during mediation proceedings of the the fresh new clan plus the certain decisions of the L.C. Courts showed that it actually was conceded the fresh new homes belonged to your respondent. The initial respondent did not attention new ant. The initial appellant by the you to contract conceded the land do maybe not get into him. The fresh new land in disagreement therefore belongs to the respondent. The initial respondent is actually not able to going an excellent title just like the house doesn’t get into him. The next and third appellants don’t deal with research before purchase of you to definitely residential property, and this he is trespassers with the property. New judge hence offered empty possession of your ,also to the brand new respondent, given a long-term injunction from the appellants and you will approved the expenses of your own match toward respondent.
She was prevented regarding attempting to sell the brand new homes
- The newest read demo Magistrate erred in-law plus in fact whenever he were unsuccessful otherwise did not properly gauge the proof before your.