The Plaintiffs’ case as originally pleaded (Plaint filed 27th May 2022) was that the suit land, measuring six acres, was inherited from their late father, Odeke Elifasi, who died in 1989 leaving three acres, and their late paternal uncle Osujje, who died in 1999 without issue leaving a further three acres which devolved upon the Plaintiffs and their brother, Otule Juventino. It was pleaded that the land was thereafter shared equally among the beneficiaries at two acres each, and that the Plaintiffs and their family remained in undisturbed possession until 2021, when the Defendants began trespassing on the land, culminating in the present suit.
The Plaint was amended on 13th March 2024 to add Otule Juventino as the 3rd Plaintiff, suing through his lawful attorney Okello Joseph pursuant to a registered power of attorney dated 6th March 2024, and to have the 2nd Plaintiff, Akello Margret, sue through her lawful attorney Olupot Simon under a power of attorney of the same date. The Amended Plaint recast the inheritance narrative in a material respect: it is there pleaded that the entire six acres originally belonged to Odeke Elifasi, that upon his death Osujje inherited it “as his heir” and
combined it with land already his own, and that Osujje in turn left Otule Juventino as his heir — a single consolidated holding passing through one line of succession, rather than the two separate three-acre parcels traced to two separate original owners as pleaded in the original Plaint. I return to this shift below.
FULL JUDGEMENT:
Download Here: IKIROR Flo and Anor Vs Obuge Simon and Others