Uganda Case Law

Eagle Investiments Limited v Surjit and Another (HCCS 20 of 2018)

Eagle Investiments Limited v Surjit and Another (HCCS 20 of 2018) [2022] UGHCCD 276 (7 December 2022)

Court

HC: Civil Division (Uganda)

Case number

HCCS 20 of 2018

Judge

Bukirwa, J

The preliminary objection raised by the Defendant, based on the Plaintiff's failure to attach a Certificate of Incorporation and Lease Agreement, is premature. The court distinguished the cited authority, noting that in the present suit, evidence can still be led at trial to establish the Plaintiff's capacity and interest in the land. The absence of these documents at the pleading stage does not render the suit frivolous or deprive the Plaintiff of locus standi. The objection does not raise a pure point of law and requires factual ascertainment, which is inappropriate for a preliminary object…

Source excerpt

• Locus Standi
• Attachment Of Documents
• Preliminary Objection
• Unregistered Land Ownership

Eagle Investments Limited v Surjit Bihari & Jinja District Land Board

Eagle Investments Limited v Surjit Bihari & Jinja District Land Board (Civil Suit 20 of 2018) [2022] UGHC 111 (7 December 2022)

Court

High Court of Uganda

Case number

Civil Suit 20 of 2018

Judge

Bukirwa, J

The court found that the absence of the Certificate of Incorporation and Lease Agreement attached to the Plaint does not, at the preliminary stage, deprive the Plaintiff of locus standi. The court distinguished the authorities cited by the Defendants, noting that in the present case, the Plaintiff is still leading evidence and has the opportunity to produce the required documents at trial. The court reiterated that a preliminary objection must be based on a pure point of law and cannot be sustained where facts are yet to be established through evidence. Consequently, the preliminary objection…

Source excerpt

• Locus Standi
• Preliminary Objection
• Pleadings Requirements
• Unregistered Land Ownership

Isabirye alias Kaako Vs Walubo & Anor

Isabirye alias Kaako Vs Walubo & Anor (CIVIL APPEAL NO. 036 OF 2013) [2018] UGHCCD 129 (8 January 2018)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL NO. 036 OF 2013

Judge

Luswata, J

The High Court dismissed a land trespass appeal, holding it was filed within time and that the trial court properly evaluated oral evidence and locus findings.

• Trespass To Land
• Limitation Periods
• Locus In Quo Procedure
• Unregistered Land Ownership
• Land-trespass
• Limitation-periods