Wakilii

Munyagwa and 6 Others v Lukonge and 2 Others (HCT-00-LD-CS 73 of 2019)

High Court · [2022] UGHCLD 256 · 2022 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for enforcement of alleged easement of right of way
Decision
Suit dismissed without costs; plaintiffs denied remedies sought

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court dismissed a claim for an easement of right of way over defendants' registered land based on long usage. The court held that under the Roads Access Act, an access road cannot be acquired by conduct or long usage alone; a formal statutory procedure through the land tribunal is required. Even where alternative routes are longer or less convenient, no automatic right of way arises without due legal process and compensation.

Outcome

Suit dismissed without costs; plaintiffs denied remedies sought

Facts

The plaintiffs claimed they had enjoyed access to a road known as Lake View Drive through plot 3532 for over 40 years, which the defendants allegedly blocked unreasonably and unlawfully. The defendants, children of the late Josephine Lukonge, registered proprietor of plot 3532, denied the claim, stating there was no gazetted road on their land and that the plaintiffs had access to their homes through Pepsi Road in Kansanga. The plaintiffs sought to establish a right of way based on long usage. The court found no evidence of legal acquisition of an access road or compensation paid. The 1st defendant testified that his late father protested trespassers regularly. Plaintiffs in cross-examination confirmed no compensation had been paid and that the 1st plaintiff sought free access as others passed through his land.

Issues

  1. Whether the plaint in as far as 2nd to 7th plaintiff discloses a cause of action against the defendant
  2. Whether the plaintiffs have a right of easement over the suit land
  3. What remedies are available to the parties

Orders

  • Suit dismissed without costs.

Rules and key headnotes

Easements — Right of Way — Acquisition by Long Usage — Roads Access Act Requirements
An access road cannot be acquired by conduct or long usage alone. Under the Roads Access Act, a person seeking to construct a road of access through another's land must follow the statutory procedure by applying to the land tribunal under section 2 for leave to construct, accompanied by a sketch or plan, and after service of notice on the affected landowner under section 3.
Easements — Right of Way — No Automatic Entitlement on Grounds of Inconvenience
Even where a plaintiff has no alternative route or the alternative route is longer and less convenient, there is no automatic entitlement to a right of way over another's registered land without conforming to the statutory procedure and providing compensation.
Costs — Discretion — Genuine Belief in Legal Right
Where a plaintiff genuinely believed in having a legal right but that belief was contrary to law, the court may exercise its discretion not to condemn the unsuccessful plaintiff in costs where they were attempting to enforce what they considered a public right.

Legislation cited (7)

Cases cited (2)

  • Stewart Gawaya v KCCA and Another (Civil Suit No. 214 of 2021)
  • Sengabi v Nakiyingi (Court of Appeal No. 59 of 2017)

Full judgment

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

Munyagwa_and_6_Others_v_Lukonge_and_2_Others_(HCT-00-LD-CS_73_of_2019)_[2022]_UGHCLD_256_(31_October_2022)
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.