KAMPALA, Uganda High court in Iganga has dismissed an appeal due to insufficient
evidence produced at the Chief Magistrate court.

Kayiya Musimami a resident of Namutumba district invoked court on a decision
made by the chief magistrate’s court of Iganga where he sought the High court of
Kampala to reevaluate the evidence given in court so as to obtain a judgement in
his favor.

Kayiya and Musenero who are cousin brothers, have a relationship
with the late Waibi Kipaalu, who happens to be their great-grandfather. The late
Waibi purchased a piece of land in Namutumba district Nakaloke parish,
Mawugwa local council 1B village. Upon acquiring this land before
he died, it is said, having gifted two portions of land with separation of a road
called Igerere-izooba to his sons Musimamai Tahbita a grandfather to Amosi, the
respondent and Musenero Namwamia, grandfather to Kayiya, the appellant.

Amosi said that the land in dispute was inherited by his father upon his death and
the other land across the road was inherited by the Kayiya’s father and both
Kayiya and Amosi are in possession of the letters of administration of the
different pieces of land as inherited respectively. However, it was to Amosi’s
surprise that Kayiya invoked court that he was the owner of the land Amosi
occupied yet he says he took over it upon the death of his father in 2010 till
Kayiya started trespassing on it.

Justice Batema ruled that the earlier court evidence on record
proves that Kayiya failed to file his written submission concerning the issue, he
also failed to provide sufficient evidence to obtain him an affirmative judgement,
yet on the other side Amosi provided written submissions with witnesses who
witnessed him being appointed as the heir to his father upon his death.

Court went ahead to visit the land in dispute and confirmed that the father of
Amosi was buried on the suit land and Kayiya’s father was buried on the land at
the opposite side this further proved that the land in dispute lawfully belonged to
Amosi Musenero.

The learned trial judge dismissed Kayiya’s appeal and ordered the first
court of instance’s orders to be executed and sent back the matter to the chief
magistrate’s court.