Kibirige & Another (Administrators of the estate of the late Yowana Birigwa) v Waswa & Another
Kibirige & Another (Administrators of the estate of the late Yowana Birigwa) v Waswa & Another (Miscellaneous Cause 134 of 2024) [2025] UGHCLD 49 (14 March 2025)
The court found that the application, brought by notice of motion, was not the proper procedure for resolving the substantive and triable issues raised, including possession of the land title, alleged subdivisions, and the compensation claim. These matters require a full hearing with evidence and witnesses, which cannot be accommodated through affidavit evidence in a miscellaneous cause. The pending Civil Suit No. 395 of 2023, involving the same subject land, is the appropriate forum for resolving these issues, provided the respondents are joined as parties. Consequently, the application was…
Source excerpt
- Proper Institution Of Suit
- Affidavit Evidence Limitations
- Land Title Possession
- Compensation Claims