Wakilii

Allen Nsibirwa v National Sewage Corp. (Civil Suit No.220 Of 1995) (Civil Suit No.220 of 1995)

High Court · [2005] UGHC 73 · 2005 Preliminary Objection Partly Allowed — Suit Dismissed as Time Barred AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil suit with preliminary objections on res judicata and limitation raised by defendant
Decision
Plaint rejected as time barred; plaintiff to pay costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the suit was not res judicata because the earlier suit (HCCS No. 811/1992) was dismissed on a preliminary point without adjudication on the merits. However, the court found the instant suit time barred because protracted negotiation of a settlement out of court does not constitute a disability to justify exemption from limitation. The plaint was rejected.

Outcome

Plaint rejected as time barred; plaintiff to pay costs

Facts

The plaintiff filed a civil suit against the defendant National Water & Sewage Corporation. The defendant raised two preliminary objections: that the suit was res judicata and that it was time barred. The plaintiff had previously filed Civil Suit No. 811 of 1992 against the same defendant on substantially similar issues involving negligence and limitation. That earlier suit was filed after the expiration of the limitation period on grounds of exemption due to disability. The grounds relied upon were protracted negotiation of a settlement out of court. The earlier suit was dismissed on a preliminary point without adjudication on the merits because the grounds for exemption were not properly pleaded in the plaint. In the instant suit, the plaintiff included the same grounds for disability in paragraphs 13-15 of the plaint, claiming that the defendant's protracted negotiations caused delay and constituted disability.

Issues

  1. Whether the suit is res judicata on the basis of prior Civil Suit No. 811 of 1992 between the same parties.
  2. Whether the suit is time barred under the limitation law.

Orders

  • The preliminary objection on time bar is upheld.
  • The plaint is rejected as being time barred.
  • The plaintiff is condemned to pay costs.

Rules and key headnotes

Civil Procedure — Res Judicata — Dismissal on Preliminary Point Without Decision on Merits
A dismissal of a suit on a preliminary point not based on the merits does not give rise to the application of the doctrine of res judicata and is no bar to a subsequent suit on the same facts and issues between the same parties.
Civil Procedure — Limitation — Disability — Protracted Negotiations for Settlement
Protracted negotiation of a settlement out of court does not constitute a disability that justifies exemption from limitation, as such negotiations do not prevent a plaintiff from filing a claim while the negotiations continue.
Civil Procedure — Res Judicata — Requirements Under Section 7 of the Civil Procedure Act
For the doctrine of res judicata to apply under section 7 of the Civil Procedure Act, it must be shown that the issue in the suit was directly and substantially in issue in a former suit before a court of competent jurisdiction between the same parties, and that the former suit was heard and finally decided upon by that court.

Legislation cited (2)

Cases cited (3)

  • Ponsiano Semakula v Susan Magala and 2 Others (1979) UCB 90
  • Kamunye & Others v The Pioneer General Assurance Society Ltd (1971) EA 263
  • Koharehad v Jan Mogamod (1919-21) 8 EALR 64

Full judgment

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

Allen Nsibirwa v National Sewage Corp. (Civil Suit No.220 Of 1995) (Civil Suit No.220 of 1995) [2005] UGHC 73 (19 October 2005)
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.