Wakilii

Kiiza Luka and Others v Kitswamba Sub County Local Government and Kasese District Land Board (Civil Appeal No. 94 of 2015)

Court of Appeal · [2025] UGCA 210 · 2025 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Civil appeal from a High Court order striking out the suit for disclosing no cause of action
Decision
Appeal dismissed; High Court order striking out the suit for disclosing no cause of action upheld; prayer to remit refused

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Holding

The appellants sued claiming customary and beneficial ownership of plots in a township market and challenging the sub county's resolution to sell the land. The trial Judge struck out the suit as disclosing no cause of action, holding the complaint called for judicial review. The Court of Appeal, applying Auto Garage v Motokov, held the plaint disclosed no cause of action: the law did not permit customary ownership of land in an urban market area, the resolution was yet to be implemented so no right had been violated, and the controlling authority (the District Land Board) was not a party. The pleadings afforded an opportunity to be heard. The appeal was dismissed and the prayer to remit was refused.

Facts

The appellants claimed to be customary and beneficial owners in possession of individual plots at Rugendabara Township, Kitswamba Subcounty, Kasese District, which they developed into lockup shops and operated businesses from. They alleged that the first respondent, Kitswamba Sub County Local Government, by a resolution dated 31 August 2011 and without consulting them, resolved to sell off the suit land, and applied for a customary certificate which the second respondent, Kasese District Land Board, approved. The appellants sought declarations of ownership, cancellation of the approval as fraudulent, damages, an injunction and costs. The record showed the land was a public market with lockups; the sub county had historically allocated lockups to traders without transferring ownership. The resolution to sell had not yet been implemented, and by the time of appeal control of the disputed land had passed to Rugendabara Town Council.

Issues

  1. Whether the appellants' plaint disclosed a cause of action against the respondents.
  2. Whether the matter's suitability for judicial review took it out of the purview of ordinary civil procedure by way of suit.
  3. Whether the trial Judge was justified in striking out the suit without first affording the appellants an opportunity to be heard.
  4. Whether the case should be remitted to the High Court for trial on its merits.

Orders

  • The 2nd respondent (Kasese District Land Board) struck off the appeal with costs, the amended plaint adding it having been filed without leave of court.
  • The prayer to remit the case to the lower court overruled.
  • Appeal dismissed and the decision of the trial Judge upheld.
  • Costs of the appeal awarded to the second respondent.

Key headnotes

Civil Procedure — Cause of Action — Essential Elements and Test
A plaint discloses a cause of action only where it shows that the plaintiff enjoyed a right, that the right has been violated, and that the defendant is liable; in determining the question the court looks only at the plaint and its annexures.
Land & Property — Customary Tenure — No Customary Ownership of Public Land in an Urban Market Area
The law does not permit customary ownership of land in an urban area used as a public market; such land remains public land held in trust by the District Land Board, so an occupant cannot found a proprietary claim on customary tenure.
Civil Procedure — Striking Out Plaint — No Amendment Cures a Plaint Disclosing No Cause of Action
Where all three elements of a cause of action are present, a defect may be cured by amendment at the court's discretion; but where no cause of action is disclosed the plaint is a nullity and no amendment can be allowed, so the suit is properly struck out.
Constitutional Law — Right to a Fair Hearing — Determination on Cause of Action After Pleadings
A party who has filed pleadings has been afforded an opportunity to be heard, and the determination of a suit on the question whether it discloses a cause of action does not breach the right to a fair hearing.
Civil Procedure — Amendment of Pleadings — Amended Plaint Filed Without Leave is Improperly on the Record
An amended plaint adding a party that is filed without the leave of court is illegally on the court record, and an appeal cannot competently proceed against the party so added.

Legislation cited (7)

  • Judicature Act s.33
  • Judicature (Court of Appeal Rules) Directions SI 13-10 r.30(1)
  • Constitution of Uganda Article 28
  • Constitution of Uganda Article 44(c)
  • Land Act Cap.236 s.60
  • Markets Act Cap.94 s.1(1)
  • Land Reform Decree 1975

Cases cited (5)

  • Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
  • Auto Garage v Motokov [1971] EA 314
  • Attorney General v Tinyefuza (Constitutional Appeal No. 1 of 1997)
  • Narottam Bhatia v Boutique Shazimi Ltd (Civil Appeal No. 16 of 2009)
  • Tororo Cement Co. Ltd v Frokina International Ltd (Civil Appeal No. 2 of 2001)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.