Kosiya Kagoro Araali v Kitunzi and 3 Others (Civil Appeal No. 25 of 2020)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The parties consented to resolve a dispute over an access road on the appellant's registered land. The respondents paid the appellant UGX 10,000,000 in consideration for an easement over a 12-foot-wide access road. The appellant agreed to remove building materials blocking the road, execute mutation and transfer forms, and cease all claims to the easement area.

Outcome

Appeal and underlying suit resolved by consent; easement rights transferred to respondents upon payment and completion of registration formalities

Facts

The appellant was registered proprietor of land at Kiganda measuring 0.0650 hectares, acquired in 2019. The respondents owned neighbouring tenements and had long used an existing access road crossing the appellant's land. The appellant blocked the access road by depositing building materials. The respondents filed suit and obtained mandatory and temporary injunctive orders requiring removal of the blockage. The appellant appealed. The parties then reached a settlement whereby the respondents would pay the appellant UGX 10,000,000 for formal easement rights over the access road, and the appellant would remove the blockage and facilitate transfer of the easement area into the respondents' names.

Orders

• Consent judgment entered.
• Respondents to pay appellant UGX 10,000,000 for easement over 12-foot-wide access road.
• Appellant to remove building materials from access road by 1 June 2021.
• Appellant to execute mutation forms and transfer documents to enable respondents to register easement in their names.
• Respondents to bear costs of subdivision of easement from appellant's title.
• Upon fulfilment of consent terms, neither party to have further claim against the other.
• Head suit settled on same terms.

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