| |
DUFFUS, P.
[1] This is an appeal from the judgment of Saldanha J. ordering and
decreeing that the appellant and three others do deliver up vacant
possession of the building known as Kitawuluzi Hall and land
[2] Known as Plot 16, Central Nakawa Kampala. Mr. Musaala appeared for the
appellant and his complaint is that the judge did not order or declare that
the appellant was entitled to compensation on delivering up possession. He
relies on the provisions of section 3 of the Public Lands Act, Act 13 of
1969 and of the Public Land (Compensation for Resumption) Act, 1965, Act 12
of 1965.
[3] He admits that the respondent had title to Plot, 16, and further that
was entitled to the order for possession. The learned trial judge gave a
very clear and full judgment on this matter and in our view correctly set
out the law applying to the facts in this case.
[4] There can be no doubt that the respondent is entitled to possession, and
that o_ the facts as found by the judge the appellant had no right title or
interest to Plot 16.
[5] Mr. Musaala stressed the point as to whether this plot was within the
municipality of Kampala in 1954.We do not with respect think that this
really matters in this case.
[6] At any rate there can be no doubt that this plot is now within the
boundaries of Kampala,and at any rate was so since 1956.
[7] We can find no merit in the appeal.
[8] The appeal is dismissed with costs to the respondent. |
|
