Senabulya Francis t/a Junior Traders Night Parking Vs Thomas Conninghum
Senabulya Francis t/a Junior Traders Night Parking Vs Thomas Conninghum (Civil Appeal No. 19 Of 2008) (Civil Appeal No. 19 of 2008) [2010] UGHC 10 (7 February 2010)
The appellant failed to disclose a cause of action as his continued occupation and business on the disputed premises was without a valid contract or licence, and the trading licence had expired prior to eviction. The space in question was an easement appurtenant to the respondent's land, and the appellant's activities constituted trespass and nuisance, interfering with the respondent's enjoyment of his property. The issuance of a trading licence by Njeru Town Council did not confer proprietary rights, and may have been ultra vires. The appellant did not strictly prove special damages as requi…
Source excerpt
- Cause Of Action
- Trespass To Land
- Nuisance
- Licensing Of Businesses
- Road Reserve Regulation
- Assessment Of Damages