Case of Kamadi Longovu V Sauda Nandawula & Others CA No. 135 Of 2014
The learned Justices Hon. Justice Kenneth Kakuru, Stephen Musota, Christopher Madrama in their judgment delivered on the 29th March 2019 discussed the rights of widows or lineal descendants as provided for in the Succession Act.
The appellants had sued the respondent who were the registered proprietor of the disputed land for unlawful interference with their rights as tenants by occupancy.
The court noted that the appellant was the registered proprietor and the title was never challenged.
It was also not in dispute that the respondent was the widow of the deceased and lodged a claim by virtue of the marriage and occupancy as a wife or spouse of the deceased. The claim of the rest of the respondents is by virtue of being lineal descendants to the deceased. Court noted that it was erroneous to read into section 29(1) (b) of the Land Act a right of occupancy by virtue of the Law of succession. The rights of a widow or lineal descendants are provided in the Succession Act.
The matter should have been considered under succession law. The right to the estate could only be established after the appointment of a legal representative of the estate and not in a trial court. Therefore, the trial magistrate proceeded on erroneous ground. The appeal was allowed since the respondents did not prove their interest in law. The court further advised that a fresh suit could be instituted in the High Court family division