Land Dispute

Olanya v Acullu (CIVIL APPEAL No. 0038 OF 2016) [2018] UGHCLD 66 (6 December 2018);


Search Summary: 

The respondent had sued the appellant for breach of contract, recovery of land and general damages for trespass to land, a permanent injunction and mense profits.


In his judgment, the trail magistrate decided that the appellant had acted fraudulently, when he exceeded the boundary of the land given to his mother and intruded into that given to the respondent’s mother in law.


The appellant appealed against that decision on grounds that, the court erred in deciding that the appellant was a trespasser and that the respondent was the owner of the suit land. And that, the plaint disclosed no cause of action, and the suit was time barred.


Headnote and Holding: 

The court found that the plaint disclosed three causes of action, in trespass, recovery of land and breach of contract as a result of mediated settlement. Further, that the suit was brought within two years after breach of the contract.


With regard to trespass, the court found that, the appellant having entered into a settlement agreement with the respondent, showed that the respondent had ownership and control on the land and that the contract was binding on both parties.

The appellant court thus found no error in the decision of the trial magistrate.

The appeal was accordingly dismissed with costs to the respondent.


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