Kwebeiha v Babirye and 4 Others
Kwebeiha v Babirye and 4 Others (Civil Suit 216 of 2017) [2024] UGHCLD 110 (26 April 2024)
The court found that although the access road in question was not planned or gazetted, it existed and was used by the defendants prior to the dispute. The plaintiff himself created the current access road after blocking the original one, and both parties have used it to access their respective properties. The evidence did not establish that the access road was officially gazetted, but the necessity for access to the defendants' plots justified the continued use of the road. Applying the doctrine of way of necessity and the principle of implied easement, the court held that the defendants are…
Source excerpt
- Trespass To Land
- Easements
- Access Rights
- Way Of Necessity