The plaintiff filed the action on 18th June, 2024 through M/S OKWI & CO. ADVOCATES while the defendant originally filed a written statement of defence together with a counter claim on 25th July, 2024 through M/S MUKHWANA & CO. ADVOCATES and later, vide letter dated 3rd December 2024, the defendant’s Advocates wrote to court asking to withdraw the written statement of defence on grounds that they had lost contact with their client.
On the 18th February, 2025 when the matter came up for scheduling, the defendant told court that he had just become aware of the suit, prompting court to grant him leave, without objection of the plaintiff’s counsel to file a fresh written statement of defence as a self-represented litigant and he duly complied and filed the same on the 6th March, 2025.
Plaintiff’s case:
It’s the plaintiff’s case that him and the defendant own two distinct pieces of land neighboring each other and both developed with commercial buildings leaving between themselves a corridor for common easement and public use. That around the year 2021, in the course of roofing the structure on his land, the defendant annexed his commercial building to the wall of the plaintiff’s building, thereby, altogether blocking the corridor hitherto reserved for common easement and public use which raised tensions between the two parties, culminating into the defendant herein filing civil suit no. 021 of 2022- Okoboi Albert –Vs- Omuleru Moses which was subsequently withdrawn by consent of the parties with orders that Okoboi Albert pays UGX. 1,500,000/= to Omuleru Moses as costs of the said suit, which has never been paid, to-date, hence this suit.
Defendant’s case:
The defendant filed a written statement of defence disputing the allegations in the plaint and asserted that the corridor purportedly reserved for common easement and public use actually forms part of the defendant’s land and that he had only left it undeveloped for future utilization and not for the plaintiff or the public to use as an easement.
FULL JUDGEMENT
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