Kagumaho Godfrey & 2 oers v Mwesigwa Dan (HCT-05-CV-CA-002-2006 ) (HCT-05-CV-CA-002-2006)
Observed later treatment
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Holding
The High Court allowed an appeal from the Mbarara District Land Tribunal concerning distribution of the estate of Erifazi Byabahororo. The court held that distribution was done by a group of people contrary to section 180 of the Succession Act Cap 162. Both parties agreed the Land Tribunal decision was arrived at in error. The appeal was allowed and the Tribunal's decision and orders were set aside.
Outcome
Decision of District Land Tribunal set aside
Facts
The dispute concerned the distribution of the estate of Erifazi Byabahororo, who was the father of both the appellants and the respondent. The estate had been distributed by a group of people. The respondent had obtained judgment in his favour at the Mbarara District Land Tribunal in Civil Claim No. 81/2003, decided on 9 September 2005. The appellants challenged that decision, arguing that the estate distribution did not comply with statutory requirements.
Issues
- Whether the distribution of the estate of Erifazi Byabahororo complied with section 180 of the Succession Act Cap 162.
Orders
- Appeal allowed.
- Decision and orders of the Mbarara District Land Tribunal set aside.
- Each party to bear their own costs.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.