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14 Jun 2022

Land And Property [2022] UGHCLD 124

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

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Land And Property [2008] UGSC 5

Tim Kabaza & 2 Ors v Chatha Investments Ltd

Tim Kabaza & 2 Ors v Chatha Investments Ltd (Miscellaneous Application No.745 of 2007) [2008] UGSC 5 (31 March 2008)

Court: Supreme Court of Uganda

The court found that the applicants had locus standi to bring the suit in their individual capacities as their rights were allegedly infringed individually, not as a class action. The court held that the applicants established a prima facie case with a probability of success, as the respondent's actions could constitute both public and private nuisance and had drawn concern from NEMA and the Uganda Electricity Distribution Company. The court determined that damages from nuisance and environmental degradation are difficult to quantify and may not be adequately compensated by monetary damages,…