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Land

Mitwalo Magyengo v Medadi Mutyaba ((Civil Appeal No. 11 of 1996)) [1998] UGSC 3 (24 March 1998);

Flynote:

Land

Search Summary:

This was an appeal against decision and decree of the High Court Judge on grounds that the trail Judge erred in law and fact when he failed to evaluate evidence

pertaining to the history of ownership of the suit land, that he failed to examine it afresh and exhaustively, failed to visit the locus, and erred when he upheld the finding of the trail Magistrate that the appellant was a trespasser.

Headnote and Holding:

From the evidence that was adduced, it was found that the appellant occupied the land either as a squatter or a licensee, and that the respondent was aware of his occupancy and activities on the land. Thus, he became a trespasser when he failed to stop developments on the suit land, after he had been told to stop.

That, the respondent failed to obtain an injunction against the appellant, and thus, he could not be referred to as a trespasser, to justify an award of damages to the respondent.

The court therefore, found that the appellant was not a trespasser. The order of the High Court that the respondent was entitled to a permanent injunction against the appellant was thereby upheld, and costs awarded to him.

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