Plaintiff’s Case
The plaintiff’s action against the defendants lies in the tort of trespass to land measuring approximately a quarter of an acre, situate at Apuna Village, Apuna Parish, Kibale Sub-county, Pallisa District.
It is the plaintiff’s assertion that he purchased the suit-land on 29th January, 2014 from one Okiria Galfasio, whereupon an agreement was executed and witnessed by the 2nd defendant, and that he immediately took possession through cultivation of food crops such as cassava, maize, and soya bean. He states that in 2016 he constructed a semi-permanent house in which he allowed his mother, the 2nd defendant, to reside, while also using part of the remaining land for cultivation, until 2021 when he asked her to vacate — which she duly did. He then planted eucalyptus trees, until 2024, when the 1st defendant (his brother) entered upon the land, uprooted the trees, and the defendants, he alleges, colluded to lay claim to ownership of the suitland.
Defendants’ Case
The defendants filed a joint written statement of defence in which they denied the entire claim and filed a counterclaim seeking a declaration of fraud against the plaintiff, a declaration of ownership, general
damages, and costs of the counterclaim. They assert that the plaintiff never purchased the suit-land from Okiria Galfasio as alleged; that it was instead the late Kagezi Demiano (former husband of the 2nd defendant) who purchased the land in 2014 from Okiria Galfasio for UGX 1,000,000/=; that the plaintiff never took possession as alleged, and that it is the 2nd defendant who has remained in possession and cultivation to date; that the plaintiff never constructed the semi-permanent house as alleged; that the eucalyptus trees were planted at night and a pit latrine dug the following morning, and that on the instructions of the 2nd defendant and LC officials, one Clement and others uprooted the trees; and that the 2nd defendant was allocated the suit-land by her late husband under his will.
FULL JUDGEMENT:
Download Here: MUKULA DAN Vs OPOLOT ALEX AND NAIKESA Final