G.W Sembatya v Nandaula & 2 Others (Civil Suit 918 of 2000) [2002] UGHCLD 2 (13 March 2002)
Court
HC: Land Division (Uganda)
Case number
Civil Suit 918 of 2000
Judge
Lugayizi, J
The court found that the LC court in 1998 had jurisdiction to determine the customary land dispute between the plaintiff and the late Namirembe. The substance of the present suit—ownership of the kibanja—was the same as that previously litigated. The current defendants are privies of Namirembe, being her daughter and grandchildren, and the plaintiff is effectively seeking to relitigate the same matter. Applying section 7 of the Civil Procedure Act and the test in Kamunye v Pioneer Assurance Ltd, the court held that the suit is barred by res judicata. As a result, the preliminary objection suc…
Lugazi Progressive & Another v Sserunjogi & 4 oers (Misc.App. No.50 Of 2000) (Misc.App. No.50 of 2000) [2000] UGHC 32 (28 December 2000)
Court
High Court of Uganda
Case number
Misc.App. No.50 of 2000
The court held that Rule 8 of the Commissioner for Oaths Rules is procedural and relates only to exhibits produced and exhibited to a court during trial or hearing, not to annextures attached to affidavits. The omission to verify annextures does not render the affidavit incompetent; at most, the annextures themselves may be rejected. The Court of Appeal's decision in Uganda Corporation Creameries Ltd. & Henry Kawalya vs. Reamation Ltd. is binding and must be followed. Regarding the alleged falsehood, the court found that the question of ownership of the disputed land is a substantive issue fo…