Court of Appeal of Uganda has accepted an application for a request filled by the appellant Mubingwa Zepher against the decision of the Kasese Chief Magistrates Court to sell to his respondent his property, Mr. Thembo David Kabau.
By a contract dated 19th April 2017, the appellant, Mr. Mubingwa agreed to sell to the respondent his property known and described as freehold register volume plot No.13, circular road situated at Kisanga A cell in Kasese Municipality Kasese District for consideration of Uganda shillings over, 125 million payable in the manner stated in the contract.
Like all contracts for sale of land, it was envisaged that the respondent as the purchaser would be put in possession of the suit land in accordance with the contract of sale of the suit land.
But the parties disagreed on whether the respondent, Mr. Kabau paid the full consideration.
Through his lawyer, Geoffrey Michele of Bagenda and Co. advocates, three court of appeal Judges, Hon.Lady Justice Elizabeth Musoke, Hon.Justice Muzamilu Mutangula Kibedi and Hon.Mr.Justice Christopher Gashirabake, yesterday dismissed the case on grounds that the chief Magistrate who handled the initial suit by the respondent, Mr. Kabau in 2018 had no Authority and power.Counsel Michele on Judgement 1….
Counsel Michele said the court of appeal referred the matter back to Fort portal high court, but that the respondent, Mr. Kabau has the right to appeal after convincing court of appeal that he has point of law of great general and public importance.
In his response to the press this afternoon, the respondent, Mr. Thembo David Kabau says he is ready to continue with his case until Justice prevails.
Mr. Kabau on Mubingwa case……
Kabau calls for calm and respect for the rule of law among his supporters. END.