Uganda Case Law

Namukasa v Simbwa & 4 Ors

Namukasa v Simbwa & 4 Ors (Civil Appeal No. 118 of 2018) [2020] UGCA 2135 (18 February 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 118 of 2018

Judge

Owiny-Dollo, DCJ, Kakuru, JA, Tuhaise, JA

The Court of Appeal found that the cause of action arose in 2011 when the respondents encroached on the suit land and registered it in their names, not in 2000 when Khalid Masanga first encroached. The respondents did not claim title through Masanga, and the appellant discovered the encroachment by the respondents in 2011. The suit was filed in 2014, within the 12-year limitation period prescribed by the Limitation Act. The trial Judge erred in holding the suit time-barred and in finding no cause of action. The plaint disclosed a cause of action as the appellant alleged ownership, violation o…

Source excerpt

• Limitation Periods
• Cause Of Action
• Land Title Registration
• Plaint Rejection

Wycliff Kiggundu v Attorney General

Wycliff Kiggundu v Attorney General (Civil Appeal 27 of 1993) [1993] UGSC 22 (8 November 1993)

Court

Supreme Court of Uganda

Case number

Civil Appeal 27 of 1993

The Supreme Court held that the plaint should not have been rejected at the preliminary stage and reinstated the suit for trial.

• Public Service Interdiction
• Retirement In Public Interest
• Presidential Prerogative
• Cause Of Action
• Plaint Rejection
• Procedural Fairness