Plaintiff’s case.
It is the plaintiff’s case that he is the lawful owner of land situated at Kaukura Village, Ngalwe Parish, Olok sub-county in Pallisa district. That he obtained powers of attorney from a one, Ogoso Amis who was the bonafide and customary owner of the suit land. That the plaintiff together with his relatives have been in occupation of the suit land since time immemorial until the 27th November, 2019 when the defendants trespassed thereon, destroyed crops, brought oxen and ploughed the land and have since planted thereon demarcation trees. The plaintiff thus seeks declarations that the defendants are trespassers, a permanent injunction against the defendants, special damages and costs
of the suit.
Defendants’ case:
The defendants filed a joint written statement of defence whereof they denied the entire claim. They instead asserted facts to the effect that; first; that the plaintiff’s suit does not disclose a valid cause of action against the 2nd,3rd, 4th, 5th 6th & 7th defendants, since for them, they formerly were just members on the management committee of the 1st defendant and that their term of office has since expired; that on the 1st defendant’s part, it acquired the suit land around the year 1984 by way of
donations from various neighbors, including Ogoso Hamisi, Mosingi Joseph, Kulata Dauda, Kirya Musa, Oine Zabuloni, Tukei Yokolamu, Kirya Mesusera and Opolot Philimon, altogether measuring
approximately 10 acres and immediately planted thereon boundary marks, took possession through construction of shelters for classes and engaged in agriculture thereon. That of the 4 acres being claimed by the plaintiff, Ogoso Hamisi only donated 1 acre and the remaining 3 acres were donated by a one, Mosingi Joseph and a one, kulata Dauda who have since passed on without any claim on the suitland and the 1st defendant only approached the LCIII court seeking aid with eviction of the plaintiff who had forcefully entered the suitland on the night of 21st December, 2018. That sometime in 2005 while selling off a portion of his land, he also indicated the 1st defendant as the neighbor; that in 2002, the 1st defendant constructed staff houses on part of the suitland without any objections from the plaintiff.
FULL JUDGEMENT:
Download Here: OINE IBRAHIM VS NGALWE PRIMARY SCHOOL AND OTHERS_FINAL 2