Nsubuga v Kamugisha
Nsubuga v Kamugisha (Civil Appeal 82 of 2022) [2023] UGHCLD 251 (24 August 2023)
The appellate court found that the evidence, including the sale agreement of 5 April 1999 and the testimony of PW1, established that the access road was sold to the respondent prior to the subdivision and sale of the remaining land to the appellant. The court was persuaded that the respondent had enjoyed quiet possession and use of the access road since 1999, and that the inclusion of the access road in the appellant's certificate of title was an oversight by the seller, not a transfer of ownership. The appellant's reliance on the nemo dat quod non habet principle was rejected, as the evidenc…
Source excerpt
- Ownership Of Access Road
- Land Title Disputes
- Sale Agreement Validity
- Nemo Dat Quod Non Habet
- Adverse Possession