Lubega & Anor v Luwero Town Council & Anor
Lubega & Anor v Luwero Town Council & Anor (Civil Suit No. 193 of 2009) [2013] UGHCLD 51 (30 May 2013)
The court found that the preliminary objection raised by the plaintiffs was based on disputed facts regarding the existence of a written agreement and ministerial consent for the transaction involving the suit land. The objection required the court to ascertain facts and consider extrinsic evidence, which is not permissible at the stage of a preliminary objection. The court emphasized that a preliminary objection must be based on a pure point of law arising from the pleadings and, if upheld, should dispose of the entire suit. In this case, the objection did not meet these criteria, as the fac…
Source excerpt
- Ministerial Consent Requirement
- Equitable Interest In Land
- Preliminary Objection
- Pleadings And Material Facts
- Contract Formality In Land Transactions