Nassimbwa and 2 Others v Anwar Kalyowa and 2 Others (Civil Suit No. 464 of 2019)

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 ordered that disputed land sale agreements be subjected to handwriting expert analysis by a court-appointed expert. The agreement dated 10th December 1974 was to be made available for inspection. The expert was instructed to verify signatures, compare the authenticity of multiple agreements, and if possible determine when the documents were made. Costs were to be jointly borne by the parties.

Outcome

Matter adjourned pending handwriting expert report

Facts

The plaintiffs, suing as administrators of the estate of the late Hajji Seifu Kasujja Bin Abdallah, brought a civil suit concerning land. The dispute involved the authenticity of several land sale agreements. The plaintiffs presented two original agreements dated 17th November 1972 and 17th December 1972 between E. Mpanga as seller and Bin Abdulla Kasujja as purchaser. A third document dated 6th August 1974 was not in its original form. The defendants sought to subject these documents to handwriting expert analysis. The defendants also had an agreement dated 10th December 1974 between Mpanga and Juma Kiryowa (also spelled Kalyowa) which the plaintiffs requested should also be examined. Both parties agreed to a court-appointed handwriting expert.

Issues

1. Whether the disputed land agreements dated 17th November 1972, 17th December 1972, 6th August 1974, and 10th December 1974 should be subjected to handwriting expert analysis.
2. What procedural directions should be given for document inspection and expert examination before trial proceeds.

Orders

• The agreement dated 10th December 1974 to be availed to court for inspection by counsel for the plaintiff on 30th May 2022 at noon.
• The documents shall be left within the custody of court for examination and analysis by the expert appointed by the Registrar.
• The handwriting expert to file a report within two weeks from 30th May 2022.
• The expert to verify the signature of vendor for the agreement dated 10th December 1974 as well as signature of purchaser.
• The defendant's side to avail a copy of the document signed by the late Juma Kalyowa, which name appears as Kiryowa in that agreement.
• The expert to compare the three agreements dated 17th November 1972, 17th December 1972 and 6th August 1974 and establish their authenticity through the handwriting and signatures appearing on each.
• If possible, the expert to advise on the estimated period/years in which the documents were made.
• Each side shall be availed with a copy of the report.
• The costs of the analysis shall be jointly met by the parties.

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