Agilis Ranch 20 & 21 Investment Company Uganda Limited v Joseph Mangafu and Others (Civil Suit No. 0019 of 2018 (arising); Misc. Application No. 0070 of 2019)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed the applicant's preliminary objection challenging locus standi and cause of action. The respondents had obtained a representative order and demonstrated equitable rights as lawful occupants under Cabinet Minute 142 (CT 1990). The plaint and annexures disclosed a cause of action showing the respondents held rights in the land, those rights were violated by eviction, and the applicant was liable. The objection was found to be in bad faith and an abuse of process.
Outcome
Preliminary objection dismissed; main suit to proceed
Facts
The respondents, representing 2315 farmers, filed a civil suit claiming they were lawful occupants of land (LRV 916 Folio 18, Ranches 20 & 21) since before 1990, authorised by Cabinet Minute 142 (CT 1990). They alleged the applicant evicted them without compensation starting in 2012 and registered the land in January 2018. The applicant purchased the land from Sodari Livestock Enterprises in March 2017. The applicant filed a preliminary objection arguing the respondents lacked locus standi and disclosed no cause of action, claiming the land was private property and the respondents had no legal interest. The respondents countered that they had been assessed for compensation by Kiryandongo District and possessed documentary evidence of their occupation and rights.
Issues
- Whether the respondents have locus standi to bring Civil Suit No. 19 of 2018.
- Whether Civil Suit No. 0019 of 2018 discloses a cause of action against the applicant.
Orders
- Application dismissed.
- Costs awarded to the respondents.
Rules and key headnotes
Legislation cited (6)
Cases cited (6)
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd [1969] EA 696
- Kantinti Edward Mbazira v Lumala Moses and 2 Others (Civil Suit No. 0902 of 2022)
- Tororo Cement Co. Ltd v Frokina International Ltd (SCCA No. 002 of 2001)
- Auto Garage v Motokov (1971) EA 514
- Crane Bank Ltd In Liquidation v Sudhir Ruparelia and Another (Civil Appeal No. 252 of 2019)
- Kapeka Coffee Works Ltd v NPART (CACA No. 3 of 2000)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.