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Civil Procedure [2023] UGHCCD 143

Kizza v Kengrow Industries Limited

Kizza v Kengrow Industries Limited (Miscellaneous Cause 32 of 2022) [2023] UGHCCD 143 (3 April 2023)

The court found that the application was not for recovery of land but for an order to clear, open, and demarcate boundaries of the Applicant's and Respondent's respective plots. The preliminary objection on limitation was overruled as the essence of the application did not amount to recovery of land. The objection regarding the necessity of a substantive suit was also dismissed, as the law permits such applications to be brought by notice of motion where no specific procedure is prescribed. The court further held that the Respondent's objections were based on facts outside the scope of proper…

  • Boundary Demarcation
  • Preliminary Objection
  • Limitation Periods
  • Mode Of Instituting Suit
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