Wakilii

Akuzze & Ors v Uganda National Roads Authourity & Anor (HCCS NO. 066 OF 2008)

High Court · [2019] UGHC 98 · 2019 Preliminary Objection Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objections to plaint in first instance civil suit for damages arising from alleged unauthorized entry and excavation
Decision
Preliminary objection sustained against 1st defendant (UNRA); suit dismissed as to UNRA. Preliminary objections rejected as to 2nd defendant; suit to proceed against 2nd defendant.

Observed later treatment

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Holding

The court held that UNRA, established in 2006, was not liable for actions taken by RAFU in 2004 before UNRA's legal existence, and that the Uganda National Roads Authority (Transfer of Assets and Liabilities) Regulations 2012 only transferred specified assets and liabilities, excluding land acquisition or compensation matters. The suit was dismissed against UNRA with costs, but allowed to proceed against the 2nd defendant whose alleged trespass and excavation activities post-dated BTJV's departure.

Outcome

Preliminary objection sustained against 1st defendant (UNRA); suit dismissed as to UNRA. Preliminary objections rejected as to 2nd defendant; suit to proceed against 2nd defendant.

Facts

Plaintiffs sued for damages arising from unauthorized entry and rock excavation on their land. They alleged that a company called Basil Read Boryques TP Joint Venture (BTJV) entered the land in 2004 with the knowledge and authorization of the Road Agency Formation Unit (RAFU), a department under the Ministry of Finance. After BTJV departed, the 2nd defendant (Sonitra Joint Venture) allegedly took over and continued excavation activities. In March 2007, RAFU communicated willingness to pay damages. Plaintiffs contended that UNRA, established in 2006, inherited RAFU's liabilities and became vicariously liable. The first three plaintiffs were registered proprietors of the suit land. Both defendants raised preliminary objections that the plaint disclosed no cause of action.

Issues

  1. Whether the plaint discloses a cause of action against the 1st defendant (UNRA).
  2. Whether the plaint discloses a cause of action against the 2nd defendant.
  3. Whether the plaintiffs have locus standi to bring the suit against the 2nd defendant.
  4. Whether the suit against the 2nd defendant is res judicata.

Orders

  • The preliminary objection raised by the 1st defendant succeeds.
  • The suit against UNRA is dismissed with costs to the 1st defendant.
  • The two objections raised for the 2nd defendant fail, and the 2nd defendant shall meet all costs arising thereby.
  • The suit shall proceed against Reynolds Construction Company Sonintra Joint Venture (RCC SOJU).

Rules and key headnotes

Preliminary Objections — Cause of Action — Elements Required
For a plaint to disclose a cause of action, it must demonstrate that the plaintiff enjoyed a right, the right was violated, and the defendant is liable for the violation. All three elements must be present and plainly apparent on the face of the plaint.
Transfer of Statutory Functions — Retrospective Liability
A statutory body established by an Act without retrospective provisions is not liable for actions that occurred before its legal existence. UNRA, established in 2006, cannot be held liable for actions taken by RAFU in 2004.
Transfer of Assets and Liabilities — Statutory Limitations
Where regulations specify that only listed assets and liabilities transfer to a statutory body, and expressly provide that unlisted assets and liabilities remain vested in government, the statutory body cannot be held liable for matters outside the schedules. Land acquisition and compensation liabilities not listed in the Uganda National Roads Authority (Transfer of Assets and Liabilities) Regulations 2012 remain with the Government of Uganda.
Preliminary Objections — Scope of Determination
Whether a defendant had authorization from or connection to a government department is a matter requiring evidence and cannot be determined at the preliminary objection stage where the pleadings themselves show that the defendant entered the suit land and carried out allegedly detrimental activities.

Legislation cited (8)

Cases cited (6)

  • Auto Garage and Others Ltd v Motokov (No. 3) [1971] EA 514
  • Tororo Cement Co. Ltd v Frokina International Ltd (SCCA No. 02 of 2001)
  • Jeraj Sharif v Chotai Fancy [1960] EA 374
  • Attorney General v Major General David Tinyenfuza (SC Constitutional Appeal No. 1 of 1997)
  • Nabuwati Namyalo and Another v UNRA and Another (HCCS No. 66 of 2012)
  • Abdul Nulu Nampagi Kasule v UNRA (HCCS No. 155 of 2016)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Akuzze & Ors Vs Uganda National Roads Authourity & Anor (HCCS NO. 066 OF 2008) [2019] UGHC 98 (23 April 2019)
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.