The Court of Appeal has ordered MTN Uganda Limited to pay Shs 50 million in general damages for trespassing on the land of Ocur Odwe Julius Peter in Dokolo District.
In 2012, MTN Uganda embarked on a project to extend telecommunications connectivity to Dokolo District. During the implementation of the project, the company laid fibre optic cables across a portion of Ocur Odwe Julius Peter’s land located in Awinypany, Dokolo.
The respondent argued that MTN laid fibre optic cables on his land without consent. Aggrieved, he sued the telecom company in the High Court of Lira, accusing it of breach of contract, trespass to land, and seeking compensation, general damages, and costs.
MTN Uganda, however, denied the claims. The company maintained that Ocur had consented to the installation of fibre optic cables and had granted a right of way for the benefit of the community.
Ocur, on his part, argued that there was a gentleman’s agreement under which he allowed MTN access to his land on condition that the company would grade a 700 metre access road leading to his establishment and MTN’s mast site.
MTN denied the existence of any contractual arrangement, insisting that the respondent had voluntarily allowed the fibre installation in the interest of community connectivity.
After hearing the case, the High Court of Lira ruled in favour of Ocur, declaring him the rightful owner of the suit land and finding MTN Uganda guilty of trespass. The court awarded him Shs 300 million in general damages with interest at 23 percent per annum from the date of judgment until full payment, along with costs.
MTN Uganda appealed the decision, arguing that the trial judge erred in law and fact by holding that Ocur had locus standi to sue in his own name without joining his spouse. The company further challenged the finding of trespass, as well as the award of damages and interest.
However, Justice Stella Nibateese, together with Justices Eva Luswata and Jesse Byaruhanga Rugyema, upheld the trial court’s finding that Ocur had the legal standing to sue.
“I find that the respondent, as the legal owner of the suit land, had locus standi to sue the appellant and is not a stranger to the suit. I find no merit in this ground of appeal, and it accordingly fails,” Justice Nibateese ruled.
The court further held that MTN’s installation of fibre optic cables on the land, after allegedly failing to honour the conditions attached to access, amounted to trespass.
“I agree with the learned trial judge that the laying of fibre optic cables on the respondent’s land, after the appellant had failed to fulfil the conditions upon which access was granted, was without consent and therefore amounted to trespass,” the court observed.
The Court of Appeal ultimately reduced the award and ordered MTN Uganda to pay Shs 50 million in general damages. The court also awarded interest at 10 percent per annum from the date of judgment until full payment, and ordered MTN to bear 50 percent of the costs of the appeal.
