Bwambale v Byabashaija & 10 Others (Civil Suit 24 of 2020) [2023] UGHC 498 (12 October 2023)
Court
High Court of Uganda
Case number
Civil Suit 24 of 2020
Judge
David S.L. Makumbi, J
The court found that the plaintiff's own pleadings established the accrual of the cause of action in 2003, when the defendants began occupying and using the suit land without consent. The claim for mesne profits from 2003 further confirmed this timeline. Under Section 5 and Section 6(1) of the Limitation Act Cap 80, the limitation period for actions to recover land is twelve years from the date of dispossession. The suit was filed in 2020, seventeen years after the cause of action arose, rendering it time-barred. The court rejected the plaintiff's argument that the cause of action arose in 20…