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Land And Property [2023] UGHC 455

Muhwezi & 5 Others v Twine

Muhwezi & 5 Others v Twine (Civil Appeal 21 of 2022) [2023] UGHC 455 (1 December 2023)

The High Court found that the trial Magistrate erred by admitting documents at the locus in quo after closure of parties' cases, amounting to trial by ambush and procedural irregularity. However, this irregularity did not result in a miscarriage of justice, as there was sufficient evidence independently to determine the case. The evidence established that a community road or footpath existed on or near the respondent's land and had been used by the community for a long period, predating the respondent's ownership. The respondent's attempts to block the path were resisted by locals and authori…

  • Easement Right Of Way
  • Customary Land Ownership
  • Admission Of Evidence
  • Locus In Quo Procedure
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