Wakilii

Annah Tuhebwa v Mary Tibita (Civil Appeal 13 of 2023) 2026 UGHC 552 (2026-05-20)

High Court · [2026] UGHC 552 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court decision on land ownership and trespass claim
Decision
Appeal dismissed with prejudice for failure to file submissions; lower court judgment affirmed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an appeal is dismissed where the appellant fails to file submissions within court-ordered deadlines, as the failure to comply with procedural requirements amounts to abandonment of the appeal. The court further held that a claim to land ownership based on an alleged marriage gift made more than 12 years earlier was extinguished by section 5 of the Limitation Act, and that challenges to bequests in a will must be brought through the proper procedure under the Succession Act.

Outcome

Appeal dismissed with prejudice for failure to file submissions; lower court judgment affirmed

Facts

The respondent, widow of the late Charles Byekwaso, brought suit claiming ownership of land allegedly given to her by the deceased in 2007 and later mentioned in his 2017 will. The appellant, daughter of the deceased's second wife, claimed the land was a marriage gift to her mother from the deceased's father in the 1960s. The respondent alleged the appellant trespassed in May 2019 by cutting trees and harvesting crops without permission. The appellant denied trespass, stating she cut trees at her mother's request on land not subject to the will. The trial magistrate found for the respondent, declaring her the lawful owner, finding the appellant a trespasser, and awarding damages and a permanent injunction. The appellant appealed but failed to file submissions within the court-ordered deadline.

Issues

  1. Whether the appeal should be dismissed for failure to comply with court scheduling directions for filing submissions.
  2. Whether the appellant's claim to ownership was time-barred under the Limitation Act after 12 years of non-action.
  3. Whether the proper procedure to challenge a bequest in a will was followed.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Appeals — Abandonment — Failure to File Submissions
Failure by an appellant to comply with court scheduling directions and file submissions within prescribed deadlines amounts to abandonment of the appeal and results in dismissal with prejudice, as an appeal can only be determined when parties argue the grounds by pointing out disagreement with the lower court's decision.
Civil Procedure — Appeals — Procedure When Party Fails to Comply with Directions
Where an appellant fails to file submissions, the respondent should write to the Registrar noting the failure and request dismissal of the appeal, serving a copy on the appellant. Where the respondent is in default, the appeal may proceed on the appellant's submissions alone, and the appellant should similarly notify the Registrar and request a decision on the record.
Land & Property — Limitation — Adverse Possession — 12-Year Period
Under section 5 of the Limitation Act, no action shall be brought to recover land after 12 years from the date the right of action accrued, and a claimant who sits on a claim to ownership for more than 12 years has their right to bring an action extinguished, with the right to adverse ownership benefiting the party in possession.
Succession & Estates — Testamentary Disposition — Limits on Testator's Power
Section 29(1) of the Succession Act limits the right of a testator to dispose only of his or her own property, and a testator cannot by will dispose of property belonging to another person.
Succession & Estates — Probate — Procedure for Challenging Bequests
Challenges to bequests in a will must be brought either when a petition for probate is filed under section 240(1) of the Succession Act, or by regular suit in the High Court under section 262(1) of the Succession Act, which provides that contentious proceedings shall take the form of a regular suit according to civil procedure law.

Legislation cited (4)

Cases cited (2)

  • Abwongoto and 4 Others v Atiang Christine (Civil Appeal No. 7 of 2023)
  • [2025] KECA 366

Full judgment

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

Annah Tuhebwa v Mary Tibita (Civil Appeal 13 of 2023) 2026 UGHC 552 (2026-05-20)
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.