Departed Asians Property Custodian Board v Masambu
Departed Asians Property Custodian Board v Masambu (CIVIL APPEAL NO. 04 OF 2004) [2009] UGCA 65 (26 June 2009)
The Court of Appeal held that the respondent's suit was time barred under the applicable limitation statutes. The only disabilities recognized by law for exemption from limitation periods are infancy and unsoundness of mind. The respondent's reliance on the negligence or incompetence of his advocates did not constitute a disability within the meaning of the law. The trial judge erred in relying on outdated case law and constitutional provisions to expand the definition of disability and to treat the limitation objection as a mere technicality. Statutory limitation periods are mandatory and st…
Source excerpt
- Limitation Periods
- Disability Exception
- Scheduled Corporations
- Breach Of Contract
- Preliminary Objection
- Statutory Interpretation