JUDGMENT
[1] Under discussion in this appeal is the effect of a transitional provision of the Environment and Land Act, No. 19 of 2011.
[2] There is a contest between Jammies Nyongesa Wafubwa (the appellant or Wafubwa) and Patrick Mulongo Wepukhulu (the respondent or Wepukhulu) over ownership of a parcel of land described as Kimilili/Kibingei/ 1937. The case of Wafubwa is that he bought this land from one Elam Lusweti Muswahili (now deceased), through an agreement dated 6th May, 1985. He says that he thereafter took possession of the land and planted sugarcane on it. Later, he learnt that Wepukhulu was staking a claim over the same parcel, he too as a purchaser.
[3] The contest in ownership turned into a dispute and Wepukhulu lodged a claim against both the deceased and one Nyongesa under the now repealed Land Disputes Tribunals Act (chapter 303A) . In a judgment of 6th February, 1996, the Land Disputes Tribunal in Kimilili Land Tribunal LDT/26 of 1995 held:
“The objector sold this parcel…