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)
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…
Source excerpt
- Approbation And Reprobation
- Consolidation Of Suits
- Competing Remedies
- Registration Of Titles
- Fair Hearing