James Obbo v Jamafa Akafutuli (Civil Appeal 1 of 1993)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Court of Appeal dismissed the appellant's second appeal, holding that land given by Zindu to his wife Aliyinsa during his lifetime (inter vivos) became her property which she was free to give to anyone of her choice, including the respondent, her grandson. The clan had no power to interfere with her right to dispose of the land, and the appellant, claiming as heir, had no right to remove property from persons who had lawfully obtained it. The court found the Chief Magistrate had carefully evaluated the evidence and reached a correct decision. The appeal was dismissed with costs in this court and the courts below.

Outcome

Appeal dismissed; respondent confirmed entitled to the land in dispute.

Facts

Zindu had several wives, one of whom, Aliyinsa, was the mother of Patrick Busedha and Daniel. The late Tafesi Tegiike was apparently Aliyinsa's step-son. Before Zindu died, he gave the disputed land to Aliyinsa during his lifetime. After Zindu's death, Aliyinsa in turn gave the same land to the respondent, Jamafa Akafutuli, who was her grandson and also a grandson of Zindu, doing so in the presence of three people. Tafesi Tegiike instituted a civil suit in the LC3 court at Nabalama, where he won. The respondent appealed to the Chief Magistrate of Jinja, who allowed the appeal. The appellant, James Obbo (son of Tafesi Tegiike, who died during proceedings and whose estate Obbo administered), pursued a second appeal. Obbo claimed entitlement to the land as heir to the late Zindu.

Issues

1. Whether the Chief Magistrate erred in finding that the clan had no right to decide who takes the land after Zindu's death.
2. Whether the Chief Magistrate properly evaluated the evidence presented to her and in the lower court.
3. Whether land given inter vivos by a husband to his wife could lawfully be passed on by her to her chosen grandchild.

Orders

• Appeal dismissed.
• Judgment of the Chief Magistrate sustained.
• Akafutuli to take the land in dispute.
• Appellant to pay the respondent all costs in this court and the courts below.

Rules and key headnotes

Legislation cited (1)

• Civil Procedure Rules Order 21 rule 3

Cases cited (1)

• Pillington Diamond Ltd v Fox (J.S.A.A.) and Anor (1962)

The original judgment as reported. Read the original PDF before relying on any passage.