Ddumba and Another ( as administrators of the estate of late benjamine kityo) v Kezimbira and 4 Others (Miscellaneous Cause No. 159 of 2019) [2021] UGHCLD 107 (3 May 2021)

# THE REPUBLIC OF UGANDA

### IN THE HIGH COURT OF UGANDA AT KAMPALA [LAND DIVISION]

#### MISCELLENEOUS CAUSE NO.0159 OF 2019

#### 1. DDUMBA NELSON

#### 2. RICARD NYANZI::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT *(Administrators of the estate of the late Bennjamine F. Kityo)* VERSUS

- 1. ZEDDI KEZIMBIRA - 2. NSUMBA FENEKANSI - 3. SEBUUFU SIMON - 4. SENYONGA FREDRICK - 5. COMMISSIONER FOR LAND REGISTRATION:::::RESPONDENTS

### RULING

# BEFORE: HON. MR. JUSTICE HENRY I. KAWESA

This application is by Notice of Motion and seeks consequential orders arising out of a judgment of Chief Magistrate – Buganda Road Court.

The trial was of a criminal nature in which some of the transactions carried out by the Respondents were questioned and criminal sunctions sought.

In my opinion, this Court cannot grant orders sought, basing on a criminal case's findings on different pieces of land involving multiple parties. The entire proceedings exhibits and submissions are not before me. The judgment did make specific findings regarding a civil nature of ownership or proprietorship of the lands named herein as Kyadondo Block 216, Plot 221.

This Court can therefore not enforce civil findings made in a criminal trial, without giving parties a chance to address it on the said civil trials. The fairness of law left the matter that a Civil-to-Civil Courts and Criminal-to-Criminal courts.

The consequential orders sought cannot be granted on the basis of the findings of the Chief Magistrates Court at Buganda Road.

I do find the application misconceived. What if the Appeal Court overturns the conviction? Counsel should sue the culprits in a proper Civil Court for the said order to be effected after a full trial, or seek the Criminal Court which issued the judgment to issue the orders sought if it has the jurisdiction.

The application is dismissed. Each party to bear its own costs.

.....................................

Henry I. Kawesa JUDGE 3/05/2021

3/05/2021 Plaintiff No. 1 in Court. Respondents absent. Grace Kangwa – clerk. Court: Ruling delivered today.

Sgd: Flavia Nabakooza DEPUTY REGISTRAR. 3/05/2021