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29 Oct 2021

Civil Procedure [2021] UGHCLD 155

Attorney General and 3 Others v TaJ Eports (U) Limited

Attorney General and 3 Others v TaJ Eports (U) Limited (Civil Miscellaneous Application No. 786 of 2020) [2021] UGHCLD 155 (29 October 2021)

Court: HC: Land Division (Uganda)
Case number: Civil Miscellaneous Application No. 786 of 2020
Judge: Cornelia Kakooza Sabiiti, J

The application to set aside the ex-parte judgment was found to be incompetent, illegal, and factually untenable because the judgment and decree had already been executed to completion, including the grant of a full term lease and issuance of title to the respondent. The applicants were properly served but failed to file a defence, and their subsequent actions in implementing the decree and filing similar suits amounted to approbation and reprobation. The court held that sufficient cause was not demonstrated for the failure to file a defence, and negligence of counsel did not excuse the appli…

Source excerpt

Setting Aside Ex Parte Judgment
Proper Service Of Process
Sufficient Cause For Delay
Right To Fair Hearing
Approbation And Reprobation

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20 Mar 2020

Land And Property [2020] UGHC 413

Administrators of the Estate of Sir Edward Mutesa II and others v Dr. Muhammad Buwule Kasasa and Another

Administrators of the Estate of Sir Edward Mutesa II and others v Dr. Muhammad Buwule Kasasa and Another (Civil Suit No. 2139 of 2016) [2020] UGHC 413 (20 March 2020)

Court: High Court of Uganda
Case number: Civil Suit No. 2139 of 2016
Judge: Keitirima, J

The court held that the plaintiffs, having filed a subsequent suit seeking compensation and damages for the suit land and having admitted loss of the land, cannot simultaneously maintain a claim for recovery of the same land, especially where the two claims are not pleaded in the alternative. The doctrine of approbation and reprobation precludes a party from pursuing inconsistent remedies. Section 183 of the Registration of Titles Act further bars simultaneous claims for recovery and damages where the law precludes ejectment. The court also found that since the plaintiffs acknowledged the lan…