WILFRED KEGONYE BABU V. HENRY MOSE ONUKO

RULING OF THE COURT

1. This is an application under Rule 29(1) (b) of the Court of Appeal Rules for leave to adduce additional evidence in the form of production of certain documents. The application is made by Wilfred Kegonye Babu, the legal representative of Babu Siko also known as Malothe Babu Siko.

2. By an originating summons dated 4^th May, 1999, Henry Mose Onuko (respondent) claimed that he was entitled to three (3) acres of land known as Plot No. 460 Nyansiongo Settlement Scheme registered in the name of Babu Siko by adverse possession. By the supporting affidavit, the respondent claimed inter alia that in January, 1980, Babu Siko sold to him three acres from his land then known as Plot No. 73 Nyansiongo Settlement Scheme, that the land was subsequently sub-divided into two parcels – Numbers 318 and 319, that Plot No. 318 was subsequently sub-divided into three portions Nos. 458, 459 and 460, that the respondent has always been in occupation of parcel No. 460 since 1980 which he …