Plaintiff’s case
PW1, Nachala Agnes, testified that she purchased the suit land from Okacatum Stephen on 13/7/2013 for Ug. Shs. 1,350,000/=, paid in two installments (Ug. Shs. 1,000,000/= and a balance of Ug. Shs. 350,000/=), in an agreement authored by her nephew, Onyait James Peter, and witnessed by several persons. She did not tender the original agreement with her witness statement, relying instead on a photocopy in her trial bundle. On the photocopy being examined in cross-examination, it emerged that the name of the buyer had been inserted as “Nachala Agnes”, a feature she could not initially explain, save to say the original was “not there”. When court directed her to produce the original, the matter was adjourned; upon production, the original was found to have the buyer’s name torn out, leaving a hole, with no corresponding insertion of the plaintiff’s name at that point, and other portions rewritten or stressed with ink.
Defendants’ case
DW1, Mulekwa John, son and administrator of the estate of the late Orinyo Charles, testified that his father purchased the suit land from Okacatum Stephen on 13/7/2013 for Ug. Shs. 1,350,000/=, in an agreement (DEX 2) written by Onyait James Peter; that the family thereafter developed the land with two houses, a kitchen and a toilet, and relocated there from rented premises in Pallisa town in the same year; and that the plaintiff was never married to his father, the agreement she relies upon having been forged by deleting his father’s name and inserting hers.
FULL JUDGEMENT:
Download Here: NACHALA AGNES Vs MULEKWA JOHN and Anor