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Kateregga Ronald v Kaweke James and Others (Miscellaneous Cause 180 of 2024) [2025] UGHCLD 83 (12 June 2025)
- Citation
- [2025] UGHCLD 83
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Land Division (Uganda)
- Panel
- Kazaarwe, J
- Case number
- Miscellaneous Cause 180 of 2024
- Language
- English
More details
- Court
- HC: Land Division (Uganda)
- Panel
- Kazaarwe, J
- Case number
- Miscellaneous Cause 180 of 2024
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the sale agreement required payment of the balance within two weeks from 11th July 2018, making the deadline 25th July 2018. Since the application was filed nearly seven years later, it is barred by the statutory limitation period under Section 3(1)(a) of the Limitation Act. The applicant's inability to locate the vendors does not extend or suspend the limitation period. The application is therefore dismissed as time-barred.
Court disposition
application dismissed
Orders
- The application is dismissed as barred under the Limitation Act.
- No order as to costs.
02
Material facts
Parties
Kateregga Ronald
ApplicantKaweke James
RespondentNaiga Rebecca
RespondentNakanwagi Harriet
RespondentKatende Derrick
RespondentJesse Maurice Kijjambu
RespondentAmounts and remedies
- Outstanding Balance of Purchase Price: UGX 47,000,000
03
Procedural history
Posture
Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether the applicant can deposit the outstanding balance of the purchase price in court due to inability to locate the vendors.
- 02
Whether the application is barred by the Limitation Act.
Party arguments
- Applicant
- The applicant seeks an order to deposit UGX 47,000,000 in court as the outstanding balance of the purchase price for land, claiming inability to locate the vendors to receive payment.
- Respondent
- No reply was filed and respondents did not appear at the hearing.
05
Court’s reasoning
Legal principles
- 01
Section 3(1)(a) of the Limitation Act Cap 290
No action on contract shall be brought after six years from the date on which the cause of action arose.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the sale agreement required payment of the balance within two weeks from 11th July 2018, making the deadline 25th July 2018. Since the application was filed nearly seven years later, it is barred by the statutory limitation period under Section 3(1)(a) of the Limitation Act. The applicant's inability to locate the vendors does not extend or suspend the limitation period. The application is therefore dismissed as time-barred.
Court disposition
application dismissed
- The application is dismissed as barred under the Limitation Act.
- No order as to costs.
Source and reliance status
HC: Land Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Land Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DTVTSION)
MISCELLENEOUS AfPI{€AIICIN NO. 180 OF 2024
IN THE MATTER AN APPLICATION FOR AN ORDER TO DEPOSIT OUTSTANDING BALANCE OF PURCHASE PRICE IN COURT
AND
IN THE MATTER OF AN APPLICATION BY KATEREGGA RONALD (APPLICANT)
KATEREGGA ft QfrlIlp======================================APPLICANT l5
. VS.
1. KAWEKE JAMES
I()
- 2. NAIGA REBECCA - 3. NAKANWAGI HARRIET
4. KATENDE DERRICK l0
5. JESSE MAURICE KIJJAMBU============================RESPONDENTS
Before: Hon. Lady Justice Olive Kazaarwe Mukwaya
RULING
This application is brought by a purchaser of land comprised in Kyadondo Block 243 Plot '1661 situate at Luzira. The agreement for sale a copy of which is annexed to the Application is dated '1 1th July 20'18. l5
Mr. Kateregga Ronald the purchaser was registered on the Certificate of Title to the suit land on the 23'd May 2022 according to a copy of the Certificate of Title marked 'D'.
The grounds for the application are that Mr. Kateregga be issued with an order directing, allowing him to deposit the outstanding amount of the purchase price of UGX.47,000,000/= in court, since he has not been able to locate the vendors to receive it.
There is no reply to the application. When this matter came up for hearing, the Applicant and his Counsel did not appear.
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I have perused the sale agreement Annexure 'A' clause 2(b) states;
"The balance of UGX. 100,000,000/= (Uganda Shillings One Hundred Million Only) shall be paid to the vendors within two weeks from execution of these presents"
l0 Two weeks from the 'l 1th July 20'18, was the 15rh July 2018. lt has been six (6) years and 11 months since that date.
Under Section 3 (1) (a) of lhe Limitation Act Cap 290, no aclion on contract shall be brought six (6) years from the date on which the cause of action arose.
l5
This application is therefore barred under the Limitation Act and is accordingly dismissed with no order as to costs.
/ tt r----
Olive Kazaaruye Mukwaya JUDGE
12th June 2025
Delivered by Eccmis to Counsel for the parties.
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