Uganda Case Law

The Registered Trustees of the Banakalori Brothers v ATC Uganda and Eaton Towers (U) Ltd

The Registered Trustees of the Banakalori Brothers v ATC Uganda and Eaton Towers (U) Ltd (Civil Suit No. 104 of 2017) [2025] UGHC 557 (18 June 2025)

Court

High Court of Uganda

Case number

Civil Suit No. 104 of 2017

Judge

Oyuko Anthony Ojok, J

The court found that the defendants and their predecessors continued to use the plaintiff's land by way of an access road, electric wires, and underground fibers after the termination of the lease agreement, without the plaintiff's consent. This constituted continuing trespass, and the limitation period did not bar the claim due to the ongoing nature of the trespass. The access road was created as a contractual easement for the duration of the lease and did not become a perpetual easement for the defendants. The plaintiff failed to prove special damages and mesne profits, as there was no evid…

Source excerpt

• Trespass To Land
• Easements And Rights Of Way
• Limitation Periods
• Damages For Trespass

Rwashande Yosam and Others v Kayiwa Vicent

Rwashande Yosam and Others v Kayiwa Vicent (Civil Appeal No. 79 of 2021) [2025] UGCA 175 (12 June 2025)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 79 of 2021

Judge

Asa Mugenyi, JA/ JCC, Musa Ssekaana, JA/JCC, Stella Alibateese, JA/JCC

The Court of Appeal upheld dismissal of a land dispute appeal, finding no fraud proved against the respondent’s title and confirming trespass, damages, and costs.

• Registration Of Titles
• Fraud In Land Transactions
• Trespass To Land
• Leasehold Title Disputes
• Burden Of Proof
• Damages For Trespass

Justice Anup Singh Choudry v UMEME Limited

Justice Anup Singh Choudry v UMEME Limited (Civil Suit 272 of 2021) [2025] UGHCCD 35 (26 February 2025)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 272 of 2021

Judge

Musa Ssekaana, J

The High Court held Umeme liable in trespass for installing a 3-phase pole on the plaintiff’s land without consent or statutory notice, but denied special and punitive damages.

• Trespass To Land
• Electricity Wayleaves
• Statutory Notice Requirements
• Damages For Trespass
• Easements And Encumbrances
• Trespass-to-land

Kagwa semikwano kibirige v Nabwire

Kagwa semikwano kibirige v Nabwire (Civil Suit 376 of 2016) [2024] UGHCLD 282 (13 November 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 376 of 2016

Judge

Nkonge, J

The High Court found the defendant had no valid kibanja interest and trespassed on registered land, granting declarations, injunction, damages, and costs.

• Trespass To Land
• Kibanja Rights
• Bona Fide Purchaser
• Registered Land Title
• Damages For Trespass
• Trespass-to-land

Byomuhangi v Rugumya

Byomuhangi v Rugumya (Civil Appeal 38 of 2018) [2024] UGHC 224 (19 April 2024)

Court

High Court of Uganda

Case number

Civil Appeal 38 of 2018

Judge

Wagona, J

The High Court dismissed an appeal over a land trespass dispute, upholding the finding that the respondent proved ownership and trespass by the appellant.

• Trespass To Land
• Ownership Disputes
• Adverse Possession
• Damages For Trespass
• Land-trespass
• Land-ownership-disputes

Luboyera v UMEME Limited (EDT COMPLAINT 6 of 2022)

Luboyera v UMEME Limited (EDT COMPLAINT 6 of 2022) [2023] UGEDT 1 (20 December 2023)

Court

Electricity Disputes Tribunal

Case number

EDT COMPLAINT 6 of 2022

Judges

Charles Okoth Owor - Chairperson Electricity Disputes Tribunal, Anaclet Turyakira, - Vice Chair Person Electricty Disputes Tribunal, Christine Muhindo - Member Electricity Dispute Tribunal

The tribunal found Umeme trespassed on Luboyera James’s land by erecting a pole and wires without consent, and awarded damages, injunction, and removal orders.

• Trespass To Land
• Right To Property
• Damages For Trespass
• Injunction
• Eviction
• Compensation For Land

Oese v Akol

Oese v Akol (Civil Appeal 336 of 2019) [2023] UGCA 323 (10 November 2023)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 336 of 2019

Judge

Buteera, DCJ, Bamugemereire, JA, Gashirabake, JA

Second appeal over 9 gardens of land in Kumi dismissed. The Court upheld the respondent’s entitlement, found no error in the evidentiary review, and sustained UGX 9 million damages.

• Customary Land Ownership
• Burden Of Proof
• Admissibility Of Evidence
• Damages For Trespass
• Appellate Review
• Title Certification

Kawalya v Sebanakitta

Kawalya v Sebanakitta (Civil Suit 634 of 2020) [2023] UGHCLD 407 (3 November 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 634 of 2020

Judge

Nkonge, J

The High Court found the defendant trespassed on the plaintiff’s land, rejected his claimed kibanja rights, and ordered eviction, damages, and demolition if unpaid.

• Trespass To Land
• Consent Requirement For Kibanja Sale
• Adverse Possession
• Development Approval
• Damages For Trespass
• Injunctive Relief

Simwogerere v Serwadda

Simwogerere v Serwadda (Civil Suit 244 of 2015) [2023] UGHCLD 424 (29 September 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 244 of 2015

Judge

Alividza, J

The High Court found that the defendant trespassed onto the plaintiff’s land by building a wall and access road, and awarded damages, interest, and costs.

• Trespass To Land
• Mailo Land Tenure
• Boundary Disputes
• Damages For Trespass
• Limitation Periods
• Trespass-to-land

Mutumba v Lubowa

Mutumba v Lubowa (Civil Suit 676 of 2014) [2023] UGHCLD 270 (23 August 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 676 of 2014

Judge

Cornelia Kakooza Sabiiti, J

The Plaintiff proved ownership of the suit land by virtue of a valid certificate of title and supporting sale agreements. The Defendant's occupation of 0.05 acres of the Plaintiff's land was established by survey evidence and corroborated by police investigations. The Defendant failed to demonstrate any right to occupy the disputed portion, and no fraud was pleaded or proved against the Plaintiff's title. The court found that the Defendant's entry and continued occupation constituted trespass. The Plaintiff was entitled to eviction of the Defendant, a permanent injunction, general damages for…

Source excerpt

• Trespass To Land
• Land Title Indefeasibility
• Boundary Disputes
• Damages For Trespass