Wakilii

Kabunga Ayiga v Apolo Tumwesigye and 2 Others (Civil Suit 620 of 2016)

High Court · [2026] UGHCLD 249 · 2026 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for trespass and eviction
Decision
Suit dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The plaintiff sued for trespass alleging defendants encroached on a planned community access road, narrowing it from 6.1 metres to 2.6 metres. The court held that trespass was not proven where the plaintiff failed to discharge the burden of establishing that the access road belonged to her land rather than being a community access road, and failed to provide evidence from the estate developer specifying the planned road width. The suit was dismissed.

Outcome

Suit dismissed

Facts

The plaintiff claimed ownership of land comprised in Kyandondo Block 99 Plot 1473 at Kitagabwa, purchased from PW2. She alleged the defendants trespassed on the suit property and built structures in the access road, narrowing the entrance from the planned width to 2.6 metres. A surveyor testified that the planned access road width on the cadastral map was 6.1 metres. The 3rd defendant denied the allegations and stated his construction was within his boundaries on Plot 588. The court conducted a locus visit and observed the estate was planned, the access road appeared 4-6 metres wide at various points, and only one car could pass. The 1st and 2nd defendants did not file defences.

Issues

  1. Whether the defendants are trespassers on the suit land.
  2. What remedies are available to the parties.

Orders

  • Suit dismissed.
  • No order as to costs.

Rules and key headnotes

Trespass to Land — Elements of Proof
For a plaintiff to succeed in an action for trespass to land, the plaintiff must prove that he or she was in possession at the time of trespass, there was an unlawful or unauthorized entry by the defendant, and the entry occasioned damage to the plaintiff.
Trespass to Land — Possession Distinguished from Title
Actions for the tort of trespass to land only require proof of possession of the land in dispute at the time of the intrusion complained of, whereas actions for recovery of land are premised on proof of a better title than that of the person from whom the land is sought to be recovered.
Burden of Proof — Civil Cases
In civil trials, the burden of proof lies on the party who alleges the existence of a particular fact and must be discharged on the balance of probabilities.
Access Roads — Community Access Roads Distinguished from Private Property
Where a plaintiff alleges trespass on an access road in a planned estate, the plaintiff bears the burden of proving that the access road forms part of the plaintiff's private land rather than being a community access road for common use by residents of the estate.

Legislation cited (5)

  • Evidence Act Cap.8 s.101(1)
  • Evidence Act s.103
  • Roads Act Cap.346 s.2
  • Roads Act Cap.346 s.60(1)
  • Practice Direction No. 1 of 2007

Cases cited (6)

  • Uganda Petroleum Co. Ltd v Kampala City Council (Civil Suit No. 250 of 2005)
  • Senkungu and 4 Others v Mukasa (Civil Appeal No. 17 of 2014)
  • Justin Lutaaya v Stirling Civil Engineering Company (SCCA No. 11 of 2002)
  • Dima Dominic Toro v Inyani Godfrey and Apiku Martin (HCCA No. 17 of 2016)
  • Aluma Michael Bayo and 2 Others v Saidi Nasur Okuti (HCCA No. 23 of 2013)
  • Ocean Estates Ltd v Pinder [1969] 2 AC 19

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kabunga Ayiga v Apolo Tumwesigye and 2 Others (Civil Suit 620 of 2016) [2026] UGHCLD 249 (22 July 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.