Evarist Mugabi V China Road & Bridge Corporation Ltd
Evarist Mugabi V China Road & Bridge Corporation Ltd (Miscellaneous Application No. 112 of 2014) [2014] UGHCLD 138 (10 June 2014)
The court held that only the claim in the subsequent suit asserting the existence of a valid lease between the parties is barred by res judicata, as it was directly and substantially in issue and decided in the former suit (H.C.C.S. No. 84 of 2013). However, other claims in the subsequent suit, such as those for execution of a proper lease, recovery of premium and ground rent, determination of equitable interest, and damages for developments, were not raised or determined in the former suit and are therefore not barred by res judicata. The court found that the plaint could not be wholly rejec…
Source excerpt
- Res Judicata
- Striking Out Plaint
- Leasehold Title Disputes
- Specific Performance
- Damages For Developments