The High Court in Gulu has dismissed an appeal in a long-running customary land dispute in Omoro District. The court ruled that the estate of the late Bazilio Oryema is the rightful owner of the disputed land.
Justice George Okello made the ruling in an appeal was filed by Ocan Akot, the administrator of the estate of the late Cosmas Olango, against John Felix Okello, the administrator of the estate of the late Bazilio Oryema.
The case is about a disputed 10 acres of customary land in Barogal Village, Labwoch Parish, Koro Sub-county in Omoro District. The land is part of a bigger 20-acre piece. Both families claimed the land belonged to their late relatives.
The court heard that the case has been in court for more than 10 years. During that time, both original parties died and their estate administrators continued with the case.
Akot told court that the land belonged to his late uncle, Cosmas Olango, through customary inheritance. He claimed Oryema’s family entered the land after returning from internally displaced persons (IDP) camps around 2008. He accused them of cultivating the land and putting up houses without the family’s permission.
But the respondent gave a different account. He said his late father, Bazilio Oryema, got the land from the former Omoro County administration in 1957 while working there as a county messenger. He maintained that the family had lived on and used the land for many years before the dispute started.
The Chief Magistrate’s Court ruled in favour of the respondent. The court declared him the rightful owner of the land, described Akot as a trespasser, ordered him to vacate the land and permanently restrained him from returning.
The court also awarded the respondent ten10 million shillings in general damages, three million shillings in punitive damages and half of the taxed costs.
Akot was not satisfied with the judgment. He argued that the trial magistrate wrongly found that the respondent had customary ownership of the land. He also challenged the findings on the land boundaries and the court’s inspection of the disputed land.
However, Justice Okello threw out two of the appeal grounds, saying they were vague and not supported by the court record. He also faulted Akot’s lawyers for trying to introduce a new ground of appeal in their written submissions without first seeking permission from the court.
The judge also commented on the trial court’s visit to the disputed land. He noted that although the magistrate visited the land, the record of what happened during the visit was missing from the court file.
Only an attendance list and a computer-generated sketch map remained. Justice Okello said such a sketch can only help explain evidence but cannot replace witness testimony.
Although the judge pointed out a number of mistakes made by the trial magistrate, he said they were not serious enough to change the outcome of the case. He found that Akot had failed to prove ownership of the disputed land, while the respondent presented stronger and more believable evidence.
Justice Okello also said the magistrate was wrong to suggest that Akot had no interest in the case because he was a nephew and not a biological son of the deceased. He further said the trial court wrongly concluded that the deceased’s daughters had abandoned the case after withdrawing an amended plaint.
The judge also said too much weight had been placed on the absence of clan elders as witnesses. The judgment also pointed to contradictions in the appellant’s evidence. Different witnesses gave different accounts about when the conflict started, the size of the disputed land and the location of houses, graves and other boundary features.
The judge said these inconsistencies weakened the appellant’s case. The High Court therefore dismissed the appeal, leaving the lower court’s decision in force and confirming the estate of the late Bazilio Oryema as the lawful owner of the disputed land-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
