Trespass to land in Uganda
In brief
Trespass to land is any unjustified entry onto, or interference with, land in another's possession. It is actionable per se — without proof of damage — at the suit of the person in possession. A trespass that continues gives rise to a fresh cause of action from day to day, which affects limitation.
1. Governing law
The action protects possession. A plaintiff in actual or constructive possession can sue an intruder who has no better right; against a defendant with a competing claim, title may have to be tried. Continuing trespass is treated as a series of fresh wrongs, so time runs afresh while it continues. Remedies are damages (including general damages for the trespass itself), an injunction to restrain further trespass, recovery of possession / eviction, and mesne profits.
2. Key statutes & rules
- Land Act, Cap. 236 (formerly Cap. 227) — tenure, ownership and protection of occupants (the substantive land-rights backdrop).
- Civil Procedure Rules, Order 41 — injunctions to restrain continuing trespass.
- Limitation Act, Cap. 290, s.5 — 12-year period to recover land (relevant where trespass shades into a possession dispute).
3. Leading case
Justine E.M.N. Lutaaya v Stirling Civil Engineering Co Ltd
Trespass to land is actionable per se by the person in possession; continuing trespass gives rise to a fresh cause of action and is relevant to assessment of damages and limitation.
4. Practical guidance
Establish the plaintiff's possession (or immediate right to possess) at the time of entry.
Plead whether the trespass is single or continuing — it affects limitation and damages.
Select remedies: damages, injunction, eviction, mesne profits.
Where title is genuinely in issue, prepare to prove it, not just possession.
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.