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Uganda Case Law

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Land And Property [2024] UGHCLD 187

Matser v Jingo and Another

Matser v Jingo and Another (Civil Appeal 65 of 2020) [2024] UGHCLD 187 (11 July 2024)

Court
HC: Land Division (Uganda)
Case number
Civil Appeal 65 of 2020
Judge
Basaza Waswa, J

The High Court found that the trial Magistrate lacked jurisdiction to entertain the application for leave to construct an access road after the commencement of the Roads Act, 2019, which repealed the Access to Roads Act and vested such jurisdiction in the Minister responsible for roads. All proceedings, decisions, and orders made by the Magistrate after September 25, 2019, are a nullity and void ab initio. Even if jurisdiction had existed, the appellant failed to discharge the burden of proof regarding the existence of an access road through the respondents' land and did not demonstrate that…

Source excerpt

  • Access To Roads
  • Jurisdiction Of Courts
  • Easements
  • Burden Of Proof
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Land And Property [2016] UGHCLD 24

Falcon Estates Ltd v Bismillah Trading Ltd

Falcon Estates Ltd v Bismillah Trading Ltd (Miscellaneous Application No. 221 of 2016) [2016] UGHCLD 24 (4 November 2016)

Court
HC: Land Division (Uganda)
Case number
Miscellaneous Application No. 221 of 2016
Judge
Bashaija, J

The application to strike out HCCS No. 192 of 2015 fails because the suit was consolidated with HCCS No. 188 of 2015 and no longer exists as an independent action, making any order to strike it out futile. Furthermore, the pleadings raise material issues of fact regarding the existence of an access road, which are affirmed by the respondent and denied by the applicant, and thus require trial and evidence. The applicability of the Access to Roads Act depends on whether an access road existed, a factual matter not suitable for disposal at this stage. The High Court retains jurisdiction to grant…

Source excerpt

  • Access To Roads
  • Striking Out Pleadings
  • Reasonable Cause Of Action
  • Consolidation Of Suits
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.