Matovu Mutalyankya and Another v Babirye Rosemary (Civil Appeal No 200 of 2013; Civil Appeal No 212 and 200 of 2013)

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 parties recorded a consent judgment settling their dispute over mailo land (Kyadondo Block 214 Plot 213 at Kisaasi). The appellants withdrew their appeal against the High Court decision in HCCS No. 325 of 2006, which had declared the property owned by the respondent. The parties agreed to compromise that judgment, sell their respective legal and equitable interests in the property to Mr. Milton Agaba, and share or retain their proceeds. The court entered the consent terms vesting the property in the purchaser, finally settling the appeal and the underlying dispute, with each party bearing its own costs.

Outcome

Appeal and underlying land dispute finally settled by consent; property transferred to Mr. Milton Agaba

Facts

The dispute concerned mailo land comprised in Mengo, Kyadondo Block 214 Plot 213 at Kisaasi, measuring approximately two acres. In HCCS No. 325 of 2006, the High Court (Hon. Mr. Justice Opio Aweri) delivered a judgment on 26 July 2012 declaring the property to be owned by the respondent, Damalie Babirye Rosemary. The appellants, James Matovu Mutyalyankya and Nalubega Jane, appealed. Before the Court of Appeal, the parties reached a settlement. They agreed to compromise the High Court judgment, sell their respective legal and equitable interests in the property to Mr. Milton Agaba, and have each executed a sale agreement with him. They confirmed they retain no claim to the property or the consideration. The consent judgment records that all rights, interests and benefit in the property are vested in and transferred to Mr. Milton Agaba, finally settling the appeal and the dispute.

Orders

• Appellants withdraw their appeal from the High Court decision of Hon. Mr. Justice Opio Aweri delivered on 26 July 2012 in HCCS No. 325 of 2006.
• The parties agree to amicably settle the dispute over the mailo land comprised in Mengo, Kyadondo Block 214 Plot 213 at Kisaasi.
• The judgment in HCCS No. 325 of 2006 declaring the property owned by the respondent is compromised.
• The property is to be sold to Milton Agaba and the parties share the proceeds.
• All rights, interests and benefit in the property are vested in and transferred to Mr. Milton Agaba.
• Each party bears its own costs.

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