Hwang Sung Limited v M & D Timber Merchants & Transporters Limited
Hwang Sung Limited v M & D Timber Merchants & Transporters Limited (Civil Appeal 2 of 2018) [2018] UGSC 95 (11 July 2018)
The Supreme Court held that the High Court's dismissal of the appellant's suit under Order 7 Rule 11(d) of the Civil Procedure Rules was a final determination of the parties' rights and thus constituted a decree under Section 2(c) of the Civil Procedure Act. Consequently, the appellant had a right of appeal to the Court of Appeal without the need for leave. The Court of Appeal erred in dismissing the appeal for want of leave. On the merits, the Supreme Court found that the appellant's suit was not time-barred, as the claim for ownership was based on a lease commencing in 2006 and filed in 201…
Source excerpt
- Right Of Appeal
- Limitation Of Actions
- Decree Vs Order
- Trespass To Land
- Registered Land Ownership