Uganda Case Law

Departed Asians Property Custodian Board v Masambu

Departed Asians Property Custodian Board v Masambu (CIVIL APPEAL NO. 04 OF 2004) [2009] UGCA 65 (26 June 2009)

Court

Court of Appeal of Uganda

Case number

CIVIL APPEAL NO. 04 OF 2004

Judge

Engwau, JA, Twinomujuni, JA, Kitumba, JA

The Court of Appeal held that the respondent's suit was time barred under the applicable limitation statutes. The only disabilities recognized by law for exemption from limitation periods are infancy and unsoundness of mind. The respondent's reliance on the negligence or incompetence of his advocates did not constitute a disability within the meaning of the law. The trial judge erred in relying on outdated case law and constitutional provisions to expand the definition of disability and to treat the limitation objection as a mere technicality. Statutory limitation periods are mandatory and st…

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• Limitation Periods
• Disability Exception
• Scheduled Corporations
• Breach Of Contract
• Preliminary Objection
• Statutory Interpretation

Allen Nsibirwa v National Sewage Corp.

Allen Nsibirwa v National Sewage Corp. (Civil Suit No.220 Of 1995) (Civil Suit No.220 of 1995) [2005] UGHC 73 (19 October 2005)

Court

High Court of Uganda

Case number

Civil Suit No.220 of 1995

The court found that although the facts and issues in the present suit are substantially the same as those in the previous suit (No. 811 of 1992), the earlier suit was dismissed on a preliminary point not based on merits. According to the principle in Koharehad v. Jan Mogamod, such dismissal does not give rise to res judicata. Therefore, the present suit is not barred by res judicata. However, the court also found that the suit is time barred. The plaintiff's ground for exemption from limitation was protracted negotiation for settlement, which the court held does not constitute disability und…

Source excerpt

• Res Judicata
• Limitation Periods
• Disability Exception
• Negligence

Mangeni v Departed Asians Property Custodian Board

Mangeni v Departed Asians Property Custodian Board [1998] UGSC 26 (22 January 1998)

Court

Supreme Court of Uganda

Judge

Tsekooko, JSC

The Supreme Court of Uganda dismissed an appeal, holding that the suit against the Departed Asians Property Custodian Board was filed out of time under the limitation statute.

• Limitation Periods
• Actions Against Scheduled Corporations
• Disability Exception
• Statutory Notice Requirements
• Eviction And Trespass
• Recovery Of Property

Allen Nsibirwa V National Water & Sewerage Cooperation

Allen Nsibirwa V National Water & Sewerage Cooperation (Civil Suit No. 220 of 1995) [1995] UGHC 6 (19 November 1995)

Court

High Court of Uganda

Case number

Civil Suit No. 220 of 1995

The High Court held the suit was not res judicata because an earlier case had been dismissed on a preliminary point, but it was time barred and the plaint was rejected.

• Res Judicata
• Limitation Periods
• Disability Exception
• Negligence
• Res-judicata
• Limitation-periods

Mugabi v Nyanza Textile Industries Limited

Mugabi v Nyanza Textile Industries Limited (Civil Suit 123 of 1989) [1992] UGHC 76 (6 February 1992)

Court

High Court of Uganda

Case number

Civil Suit 123 of 1989

Judge

Egonda-Ntende, J

The court held that the plaintiff's claim for personal injuries was barred by section 4 of the Limitation Act, as the cause of action arose no later than 1970 and the suit was filed more than three years after that date. The court rejected the argument that the cause of action was continuing, noting that permanent injury does not convert the cause of action into a continuing one once the defendant's acts or omissions have ceased. The court further found that the plaintiff's alleged ignorance of the cause of his ailment did not amount to a disability under section 22 of the Limitation Act, as…

Source excerpt

• Limitation Periods
• Personal Injury Claims
• Continuing Cause Of Action
• Disability Exception
• Pleading Requirements