Ssentambule v Oboth (Civil Appeal 19 of 2022) [2024] UGHC 540 (28 May 2024)
Court
High Court of Uganda
Case number
Civil Appeal 19 of 2022
Judge
Nakachwa, J
The High Court allowed an appeal against striking out a defence in a land trespass suit, holding the defence raised triable issues about a kibanja interest.
Falcon Estates Ltd v Bismillah Trading Ltd (Miscellaneous Application No. 221 of 2016) [2016] UGHCLD 24 (4 November 2016)
Court
HC: Land Division (Uganda)
Case number
Miscellaneous Application No. 221 of 2016
Judge
Bashaija, J
The application to strike out HCCS No. 192 of 2015 fails because the suit was consolidated with HCCS No. 188 of 2015 and no longer exists as an independent action, making any order to strike it out futile. Furthermore, the pleadings raise material issues of fact regarding the existence of an access road, which are affirmed by the respondent and denied by the applicant, and thus require trial and evidence. The applicability of the Access to Roads Act depends on whether an access road existed, a factual matter not suitable for disposal at this stage. The High Court retains jurisdiction to grant…