The High Court of the Land Division has overturned a decision of the Local Council III Court, at Katabi Town Council, in a land dispute involving a father and his son.

Justice Aisha Naluzze Batala, in a ruling dated February 15, 2024, set aside a decision of the Local Council III regarding land situated in Busiro Block 436, Plot 657, Mengo at Nulugala. 

Ronald Luvule, through his lawyer Everisto Tumwesigye, contested the decision of the Local Council, which had ruled in favour of his son Richard Kasirivu. The decision by the Local Council court was delivered on August 14, 2023. 

Luvule argued that he informed the court that the disputed land is not classified as Kibanja land, and provided evidence of his purchase and acquisition of a certificate of title. However, his submission was disregarded by the court.

Justice Batala noted that the court was wrong to decide the case because it lacked the mandate over such a matter.

“It is the finding of this court that the LC III Katabi Town Council did not have jurisdiction to entertain the matter as a court of first instance. In the premises, the application succeeds with the following, the ruling and orders of LCIII court of Katabi Town Council made on August 14, 2023, are hereby set aside for want of Jurisdiction No orders as to costs,” Batala said.

Kasirivu, through his lawyer Robert Lubega from Lunar Advocates, argued that the land in question formed part of the Kibanja, which was also included in his uncle Francis Kayima's land as mentioned in his Will.

However, Kasirivu claimed that his father, Luvule, took advantage without his knowledge and procured a certificate of title for the land. 

Kasirivu argued that the case was determined based on the evidence adduced before the LC court and its merit.