Uganda Case Law

Kajumba v Nyaisanja (HCT-01-LD-CS 43 of 2023)

Kajumba v Nyaisanja (HCT-01-LD-CS 43 of 2023) [2025] UGHC 137 (28 February 2025)

Court

High Court of Uganda

Case number

HCT-01-LD-CS 43 of 2023

Judge

Wagona, J

The court found that the instant suit and the earlier suit (HCT-00-CV-CS-LD 38 of 2021) involved the same parties, subject matter, and reliefs, and both were pending before the same court. Applying the tests for lispendens, the court held that the instant suit was barred under Section 6 of the Civil Procedure Act. Furthermore, the Plaintiff's conduct in filing a second suit on the same subject matter against the same defendant constituted an abuse of court process, as it perpetuated multiplicity of suits and risked conflicting judgments. The court concluded that the suit must be struck out an…

Source excerpt

• Lis Pendens
• Multiplicity Of Suits
• Abuse Of Court Process
• Land Trespass
• Remedies
• Striking Out Suit

KCB Bank Uganda Limited v Range Consult Uganda Limited

KCB Bank Uganda Limited v Range Consult Uganda Limited (Miscellaneous Application 15 of 2022) [2025] UGHC 98 (31 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 15 of 2022

Judge

Byaruhanga Rugyema, J

The High Court declined to strike out the suit, holding that the party who sought joinder bore the duty to amend pleadings and that no contempt was shown.

• Striking Out Suit
• Joinder Of Parties
• Banker Customer Relationship
• Amendment Of Pleadings
• Joinder-of-parties
• Amendment-of-pleadings

Bugisu Muslim District Council v Kalokola & 2 Others

Bugisu Muslim District Council v Kalokola & 2 Others (Miscellaneous Application 105 of 2024) [2025] UGHC 1 (8 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 105 of 2024

Judge

Lubega, J

The High Court at Mbale struck out a suit and amended plaint for lack of locus standi and for failing to disclose a cause of action against the applicant.

• Locus Standi
• Cause Of Action
• Amendment Of Pleadings
• Striking Out Suit
• Locus-standi
• Cause-of-action

Eng. Kyogi Binta v Natif and Others (consolidated miscellenous application 769 of 2019; Miscellaneous Application 776 of 2019)

Eng. Kyogi Binta v Natif and Others (consolidated miscellenous application 769 of 2019; Miscellaneous Application 776 of 2019) [2024] UGHCCD 46 (2 April 2024)

Court

HC: Civil Division (Uganda)

Case number

consolidated miscellenous application 769 of 2019 ; Miscellaneous Application 776 of 2019

Judge

Boniface Wamala, J

The High Court struck out Civil Suit No. 418 of 2019 as lis pendens, holding it overlapped with an earlier land dispute over the same property.

• Lis Pendens
• Striking Out Suit
• Cause Of Action
• Abuse Of Court Process
• Ownership Dispute
• Lis-pendens

Tumwine v Baleke alias Nsegumire and Another (HCCS 876 of 2020)

Tumwine v Baleke alias Nsegumire and Another (HCCS 876 of 2020) [2023] UGHCLD 55 (9 March 2023)

Court

HC: Land Division (Uganda)

Case number

HCCS 876 of 2020

Judge

Basaza, J

The High Court struck out a land suit as time-barred, holding the cause of action arose in 2008 and the claim was filed outside the six-year limitation period.

• Limitation Periods
• Specific Performance
• Fraud In Land Transactions
• Laches
• Registration Of Titles
• Striking Out Suit

National Resistance Movement v Lubyayi

National Resistance Movement v Lubyayi (Miscellaneous Application 23 of 2022) [2022] UGHCCD 328 (10 October 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 23 of 2022

Judge

Nambayo, J

The High Court struck out a suit as res judicata and moot, holding that the dispute had already been determined in an earlier Masaka High Court matter.

• Res Judicata
• Abuse Of Court Process
• Mootness
• Striking Out Suit
• Res-judicata
• Abuse-of-court-process

Intertech Industrial Machinery (U) Limited and Another v Kizito

Intertech Industrial Machinery (U) Limited and Another v Kizito (Miscellaneous Application No. 304 of 2021) [2022] UGCommC 84 (24 May 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 304 of 2021

Judge

Wabwire, J

The High Court struck out Civil Suit No. 918 of 2020 for abatement after the plaintiff failed to take out summons for directions within the required time.

• Summons For Directions
• Abatement Of Suit
• Striking Out Suit
• Abatement-of-suit
• Summons-for-directions
• Striking-out-suit

Milton Obote Foundation Liited v Uganda Peoples Congress

Milton Obote Foundation Liited v Uganda Peoples Congress (Miscellaneous Application No. 121 of 2019) [2022] UGHCLD 97 (4 May 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 121 of 2019

Judge

Kawesa, J

The High Court held that the respondent lacked locus standi to bring the suit, upheld the preliminary objection, and dismissed the suit with costs.

• Locus Standi
• Preliminary Objection
• Striking Out Suit
• Company Membership Dispute
• Court Filing Fees
• Time Barred Suit

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 91 (11 July 2018)

Court

Supreme Court of Uganda

Case number

Civil Appeal 2 of 2018

Judge

Mwangusya, JSC, Mwondha, JSC, Buteera, JSC, Nshimye, JSC, Tumwesigye, JSC

The Supreme Court held that a striking-out order that ended the suit was a final decree appealable as of right, and remitted the land dispute for trial.

• Striking Out Suit
• Final Decree
• Right Of Appeal
• Limitation Periods
• Substantive Justice
• Civil-procedure

Habre International Trading Co (u) Ltd v Kampala City Council (HCT-00-CV-CS-0763 OF 1994) (HCT-00-CV-CS-0763 of 1994)

Habre International Trading Co (u) Ltd v Kampala City Council (HCT-00-CV-CS-0763 OF 1994) (HCT-00-CV-CS-0763 of 1994) [2002] UGHC 27 (12 November 2002)

Court

High Court of Uganda

Case number

HCT-00-CV-CS-0763 of 1994

The court found that the plaint in this suit was prepared and filed by Kasirye and Company Advocates, a firm whose sole proprietor, Dominic Kasirye, did not possess a valid practicing certificate for the year 1994. Relying on the Supreme Court authority in Professor Syed Huq v The Islamic University of Uganda, the court held that documents prepared or filed by an advocate without a valid practicing certificate are invalid and of no legal effect. The court rejected the plaintiff's argument that the issue was not raised at the beginning of the trial, noting that the plaintiff could have applied…

Source excerpt

• Pleadings Invalidity
• Advocate Practicing Certificate
• Striking Out Suit
• Procedural Illegality