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

Byoleko (represented by his personal representative Edward Kanyarusoke) v Kampala Capital City Authority & Others

Byoleko (represented by his personal representative Edward Kanyarusoke) v Kampala Capital City Authority & Others (Civil Suit No. 128 of 2016) [2022] UGHCLD 124 (14 June 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 128 of 2016

Judge

Nkonge, J

The court found that the plaintiff had established a cause of action against KCCA based on its failure to maintain the drainage channel, which created a health hazard and inconvenience. Evidence showed that the drainage channel and access road encroached partly on the suit land, but the plaintiff failed to prove that KCCA had compulsorily acquired any portion of his land within the meaning of the Land Acquisition Act, nor was the area of encroachment precisely ascertained. The access road existed prior to the 3rd defendant's ownership and was created by the community, not by the 3rd defendant…

Source excerpt

• Trespass To Land
• Compulsory Acquisition
• Public Nuisance
• Easements And Rights Of Way
• Compensation For Land
• General Damages

Gawaya Tegule v Kampala City Council Authourity

Gawaya Tegule v Kampala City Council Authourity (Civil Suit No. 214 of 2011) [2021] UGHCCD 85 (21 June 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 214 of 2011

Judge

Musa Ssekaana, J

The High Court dismissed a land dispute claim, holding that demolition of an unauthorised structure was lawful and that an access road easement existed over the plaintiff’s land.

• Unlawful Demolition
• Easements And Rights Of Way
• Burden Of Proof
• Statutory Compliance
• Unlawful-demolition
• Easements-and-rights-of-way