Plaintiffs’ case:
In their plaint, the plaintiffs pleaded facts to the effect that; the suit land is customary land originally having been acquired by one, Mzee Enacito Ocaya Mulezi who was the uncle of the plaintiffs’ father, a one Odoch Jackson awanyi who was son of a one, Alum Edisa who was the biological sister of the said Mzee Enacito Ocaya, all of whom are now deceased and specifically, Odoch Jackson Awanyi (father of the plaintiffs) died in 2007; that the said Mzee Enacito Ocaya Mulezi, before his death gave the plaintiffs’ father (Odoch Jackson Awany) the suitland measuring approximately 11 acres in the year 1987 in the presence of the LC1 (sic) and his executives who are the plaintiff’s witnesses; that it in the year 2003 upon demise of Mzee Enacito Ochaya Mulezi that the defendants started disturbing the plaintiffs who hitherto had been in quiet enjoyment of their father’s estate and in the year 2022, they forwarded their complaint to the area LC1.
Defendant’s case:
In their defence, the defendants filed a joint written statement of defence denying the entire claim and filed a counter claim seeking declaratory orders of ownership, that the plaintiffs are the trespassers, general damages, eviction orders, interest and costs.
They denied that the plaint discloses any cause of action against them and asserted that the plaintiffs’ grandmother settled on the northern part of the land which is not disputed and that land is within the control of the Owor clan where the plaintiffs originated from and that is where the plaintiffs grew up from and settled.
That the now disputed land does not belong to the plaintiffs but to the defendants, as it was originally given to the Pugwang growers cooperative society early, around 1977 until the year 2018 when the ownership distributed and transferred to various clans upon the said cooperative society ceasing operations.
FULL JUDGEMENT
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