The suit land formerly belonged to one Waliyu Beet. In Civil Suit No. 0013 of 2011, Waliyu Beet sued his biological mother, Naseeta Rehema, before this Honorable Court, and Naseeta Rehema obtained judgment against him. A decree issued, and upon taxation a certificate of costs was issued in the sum of UGX 14,433,500/=, which together with general damages of UGX 2,000,000/= brought the total decretal sum recoverable from Waliyu Beet to UGX 16,433,500/=.
EVIDENCE OF THE PLAINTIFF
PW1, the plaintiff Ali Ahmed, testified that he learnt of the sale of the suit land from an advertisement in the Daily Monitor newspaper of 27th June 2019, carried out due diligence, confirmed with this Court that the warrant of attachment arising from Civil Suit No. 0013 of 2011 was genuine, and was shown the valuation report by the bailiffs before he purchased the two portions of land on 3rd September 2019 for a total of UGX 17,500,000/=. He testified that he was handed vacant possession on 17th December 2019 in the presence of police and area residents, that he cultivated the land, and that in 2020 the defendants trespassed onto the land, destroyed his crops, and obstructed him when he brought a tractor to plough, prompting him to report the matter to Pallisa Central Police Station.
EVIDENCE OF THE DEFENDANTS
DW1, Zama Namuzungu, the 1st defendant, testified that in the year 2000 she, together with Sabani Semanda, Abu Mutwali, Alisati Katooko, Kadiri Pande, Hussein Pande, Amina Mbulansimo, Zula Kantono and Salama Kataike, were given land by their father Waliyu Beet — the sons receiving 4 acres at Kaperi and 2½ acres at Kongova village, and the daughters receiving 2 acres at Nabitende Parish — and that a document/will dated 2000 was executed to that effect, her father being still alive and, on her account, already benefiting from that same will though he remains living. She testified that they used the land until 2020, when they were informed that the plaintiff and others had destroyed their crops using a tractor.
FULL JUDGEMENT:
Download Here: ALI AHMED Vs Zama Namuzungu and Others. pdf (f)