Uganda Case Law

Kalanzi Katabazi and 2 Others v Kadoma and Another

Kalanzi Katabazi and 2 Others v Kadoma and Another [2023] UGSC 31 (12 September 2023)

Court

Supreme Court of Uganda

Judge

Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Christopher Madrama Izama, JSC, Stephen Musota, JSC

The Supreme Court held that the appellants did not plead the existence of a footpath as an easement in their written statement of defence or counterclaim. The case before the lower courts was founded on the existence of an access road under the Access to Roads Act, not on a common law easement. The procedure for creating an access road under the Act was not followed, rendering any such road unlawful. The attempt to raise the issue of a footpath as an easement for the first time on second appeal was impermissible, as it was not supported by the pleadings and would deprive the respondents of a…

Source excerpt

• Trespass To Land
• Easements
• Private Nuisance
• Access To Roads Act
• Pleadings And Issues
• Damages Award