IN THE COURT OF APPEAL FOR EAST AFRICA
AT KAMPALA
CORAM : (DUFFUS, P, LAW, AND LUTTA, JJ.A.)
CIVIL APPEAL NO.27 OF 1971
BETWEEN
KEZEKIA MUSOKE GINGO……………………………............APPELLANT
AND
CITY COUNCIL OF KAMPALA …………………….……......RESPONDENT
(Appeal from a judgment of the High Court of Uganda at Kampala (Saldanha, J.) dated 10th February, 1971 in Civil Suit No. 232 of 1969)
23rd September, 1971
JUDGMENT OF THE COURT:
DUFFUS, P.
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 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.
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.
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.
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.
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.
We can find no merit in the appeal.
The appeal is dismissed with costs to the respondent.
