Matovu & Another v Niyah & Another
Matovu & Another v Niyah & Another (Civil Appeal No. 26 of 2019) [2020] UGHCLD 8 (5 June 2020)
The High Court held that the Appellants' suit was properly characterized as one for trespass to land, not for recovery of land. Trespass to land is a continuing tort and is not subject to the limitation period under Section 5 of the Limitation Act. The Appellants, as administrators of the deceased's estate, had constructive possession of the suit land, even though they did not have actual possession. The Respondents' occupation was initially as licensees, and upon the death of the licensor and subsequent demand to vacate, any implied license was revoked. The cause of action for trespass arose…
Source excerpt
- Trespass To Land
- Limitation Periods
- Constructive Possession
- Bare Licensee Status