Kaluuya v Lwasa (Civil Application 50 of 2020) [2023] UGCA 186 (19 July 2023)

Full Case Text

# THE REPUBLIC OF UGANDA

# IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

### CIVIL APPLICATION NO. 0050 OF 2020

KALUUYA WILSON ====================================

### **VERSUS**

LWASA PAUL====================================

**CORAM:**

HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA

HON. MR. JUSTICE MUZAMIRU KIBEEDI, JA

HON. MR. JUSTICE CHRISTOPHER GASHIRABAKE, JA

### **RULING OF COURT**

This is an application for Orders that the dismissal in CA. No. 101 of 2010 be set a side and that the appeal be reinstated and heard on its merits and costs be provided for.

It is the case for the Applicant that his appeal was dismissed for non appearance on the 11th June 2018 and he discovered this by himself when he came to court. He further states that he is interested in his appeal because it is a land dispute involving his alleged ownership of a kibanja.

The Respondent is aware of today's hearing but has refused to attend in person or by counsel. This is not the first time the Respondent refuses to come to court. He previously

Cars 1 Croon

refused service by Court on the 28th November 2O2 vide the affidavit of service of John Paul Okoth, a court process server, who went to meet him at Kasekulo Fishing Landing site, Bugoye Kalangala District. He told the court server that he won his case and he would rather be arrested.

This application in our view stands uncontested and involves a land dispute. Land disputes have to be handled with care and finally resolved.

We find that it is in the interests of Justice that this application is allowed and it is hereby allowed.

Costs will be in the cause.

We so order.

Dated at Ka m pa la th is 11"- day 5 2023

HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA

HON. MR. JUSTICE MUZAMIRU M. KIBEEDI, JA

r. I

HON. MR. JUSTICE CHRISTOPHER GASHIRABAKE, JA