By Sadique Bamwita
DOKOLO
The Court of Appeal has ordered MTN Uganda Limited to cough Shs50 million in general damages for trespassing on a piece of land belonging to Julius Peter Ocur Odwe in Dokolo District.
In 2012, MTN Uganda started 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 Occur’s land located in Awinypany zone in Dokolo district.
Odwe filed a legal suit in the High court of Lira accusing MTN of laying fibre optic cables on his land without his consent. In his legal suit, he accused MTN Uganda 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.
In his argument, Ocur said 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.
Following a protracted court battle, the High Court of Lira ruled in favour of Ocur, and declared him the rightful owner of the suit land and found MTN Uganda guilty of trespass.
The court awarded him Shs300 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 standing 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, on Tuesday, 14th April, 2026, upheld the High court ruling maintaining that Ocur had the legal right 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 Shs50 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.
