UGANDA, Mengo | Real Muloodi News | In a significant legal development, the High Court of the Land Division has overturned a decision made by the Local Council III Court at Katabi Town Council regarding a land dispute between a father and his son.
Justice Aisha Naluzze Batala issued the ruling on February 15, 2024, setting aside the decision of Local Council III concerning land located in Busiro Block 436, Plot 657, Mengo at Nulugala.
Ronald Luvule, represented by his lawyer Everisto Tumwesigye, contested the ruling of the Local Council, which had favoured his son, Richard Kasirivu.
The Local Council court’s decision was delivered on August 14, 2023. Luvule argued that he had informed the court that the disputed land was not classified as Kibanja land and provided evidence of his purchase and acquisition of a certificate of title. However, his submissions were disregarded by the court.
Justice Batala highlighted that the Local Council lacked jurisdiction to adjudicate such matters and therefore erred in making a decision.
She stated, “It is the finding of this court that the LC III Katabi Town Council did not have jurisdiction to entertain the matter as a court of first instance.
In the premises, the application succeeds with the following, the ruling and orders of LCIII court of Katabi Town Council made on August 14, 2023, are hereby set aside for want of Jurisdiction No orders as to costs.”
On the other side, Kasirivu, represented by his lawyer Robert Lubega from Lunar Advocates, contended that the disputed land formed part of the Kibanja, which was also included in his uncle Francis Kayima’s land as mentioned in his Will.
Kasirivu alleged that his father, Luvule, had obtained a certificate of title for the land without his knowledge, taking advantage of the situation.
Kasirivu argued that the case was decided based on the evidence presented before the LC court and its merit.
However, with the High Court’s decision to overturn the Local Council’s ruling, the father-son land dispute now enters a new phase, with further legal proceedings likely to follow.
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