[1991] UGSC 13

[1991] UGSC 13

The Supreme Court held that the appellant failed to demonstrate any error of law or misdirection by the High Court in its evaluation of the evidence. The court found that Mwase Nkaire was not a member of the court-appointed team but an interested bystander, and the lower courts were entitled to prefer the testimony of the actual emissary, Mwigombe. Allegations of tampering with the sketch plan or fraud were not properly raised or substantiated at trial, and thus could not be considered at this stage. The court emphasized that appellate review is limited to matters of law and that no sufficient grounds were presented to warrant interference with the findings of fact or the conclusions...

Citation
[1991] UGSC 13
Parties
Appellant: Yafesi Kirunda; Respondent: Sedulaki Isanga
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
19 March 1991
Procedural Posture
Civil Appeal / Second Appeal Before the Supreme Court
Outcome
appeal dismissed with costs
Judges
Oder, JSC, Manyindo, DCJ, Platt, JSC
Legal Topics
Boundary Disputes, Evaluation of Evidence, Appellate Review, Court Emissaries
Source Language
English
Land and Property Boundary Disputes Evaluation of Evidence Appellate Review Court Emissaries

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Yafesi Kirunda

Appellant

Sedulaki Isanga

Respondent

Procedural Posture

Civil Appeal / Second Appeal Before the Supreme Court

Legal Issues

  1. 1 Whether the High Court failed to subject the evidence to a fresh and exhaustive examination as required on appeal.
  2. 2 Whether the sketch plan of the disputed boundary was prepared in accordance with the law and whether there was tampering or fraud.
  3. 3 Whether the evidence of Mwase Nkaire was wrongly accepted or rejected by the lower courts.

Ratio Decidendi

The Supreme Court held that the appellant failed to demonstrate any error of law or misdirection by the High Court in its evaluation of the evidence. The court found that Mwase Nkaire was not a member of the court-appointed team but an interested bystander, and the lower courts were entitled to prefer the testimony of the actual emissary, Mwigombe. Allegations of tampering with the sketch plan or fraud were not properly raised or substantiated at trial, and thus could not be considered at this stage. The court emphasized that appellate review is limited to matters of law and that no sufficient grounds were presented to warrant interference with the findings of fact or the conclusions...

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs to the respondent.