Byaruhanga v Okullu and Another (Civil Appeal No. 034 of 2008)
Observed later treatment
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Holding
The Court of Appeal dismissed the appeal, holding that there was a planned and surveyed access road created by the previous owner upon subdivision which the appellant had no right to block. The trial Judge had properly evaluated the evidence, including site and location plans and the appellant's own admission of blocking the road. The court upheld the trial Judge's order directing the appellant to provide an alternative route by way of compensation rather than unconditionally enforcing the original access, which would have required demolishing the appellant's school structure. The court declined to interfere with the award of general damages, finding it compensatory and not based on any wrong principle.
Outcome
Appeal dismissed; trial court's declaration, injunction, alternative access order and award of general damages upheld
Facts
A man named Tomusange originally owned a large parcel of land which he subdivided and sold to various individuals, including the parties. Upon subdivision, a residual strip (Plot 3994) was retained to serve as an access road connecting the respondents' plots to a public road leading to Namuwongo. Approved site and location plans (Exhibit P3) showed this access road. The appellant's amalgamated title (Plot 6073) cut off part of Plot 3994, and the appellant blocked the access road, partly with the permission of respondent no.2, and erected a school building and pit latrine over the planned access. The respondents complained to local authorities and obtained, then lost, permission to open the road after the appellant intervened. The respondents sued to enforce their right of way, claiming a declaration, injunction, general damages and interest. The trial Judge found the appellant had blocked the surveyed access road and ordered an alternative route by way of compensation, plus damages.
Issues
- Whether the trial Judge properly evaluated the evidence in finding that the appellant blocked a planned access road serving the respondents' plots.
- Whether the trial court erred in ordering the appellant to provide an alternative access route as a remedy.
- Whether an alternative existing road served the respondents such that no relief should have been granted.
- Whether the trial Judge erred in awarding general damages against the appellant.
Orders
- Appeal dismissed with costs here and below.
Rules and key headnotes
Legislation cited (1)
Cases citing this judgment (2)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.