Tatu Nanteza v Administrator General & Anor
Tatu Nanteza v Administrator General & Anor (Miscellaneous Application No. 192 of 2002) [2002] UGHC 7 (10 July 2002)
The court held that although the applicant alleged fraud and collusion in the procurement of the previous consent judgment, the plaint did not sufficiently plead the particulars of fraud or the date of its discovery as required to invoke exemption from the limitation period. The suit was essentially for recovery of land, and the cause of action arose in 1977, with the suit filed in 2002, well beyond the twelve-year limitation period. The plaint failed to disclose grounds for exemption from limitation, and thus, in accordance with Order 7 Rule 11(d) of the Civil Procedure Rules, the plaint was…
Source excerpt
- Res Judicata
- Fraud In Judgment
- Limitation Periods
- Pleading Requirements
- Land Recovery