Christopher Mubiru and 4ors v Lena Nakalema and Anor (Civil Suit No. 1169 of 2021)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Court held that the defendants' written statements of defence were filed within time, applying the cumulative effect of Order 51 rules 3, 4, and 8 of the Civil Procedure Rules which excluded the period from 24 December 2021 to 16 January 2022 from the computation of the 15-day filing period. Court also held that the 2nd defendant is a lawful Ugandan citizen by naturalisation under Article 12 of the Constitution and s.14(2) of the Uganda Citizenship and Immigration Control Act, and that the plaintiffs' objection based on alleged dual citizenship was misconceived as the defendant never claimed to hold dual citizenship.

Outcome

Both preliminary objections dismissed; main suit to proceed

Facts

The plaintiffs filed a civil suit in the Land Division. The defendants filed written statements of defence on 10 and 17 January 2022 after service of summons on 10 December 2021. The plaintiffs raised two preliminary objections: first, that the defendants' written statements of defence were filed outside the 15-day period prescribed by Order 8 rule 1(2) of the Civil Procedure Rules; second, that the 2nd defendant unlawfully acquired dual citizenship contrary to the laws of Uganda and China, which allegedly affected his capacity to be registered as owner of the suit land. The 2nd defendant's Certificate of Registration as a Citizen of Uganda showed he became a citizen by naturalisation in February 2013 pursuant to Article 12 of the Constitution and s.14(2) of the Uganda Citizenship and Immigration Control Act.

Issues

1. Whether the defendants filed their written statements of defence outside the time allowed by law.
2. Whether the 2nd defendant's acquisition of dual citizenship was unlawful and should be revoked.

Orders

• Preliminary objection on late filing of written statements of defence overruled.
• Preliminary objection on the 2nd defendant's Ugandan citizenship overruled.
• Costs of the preliminary objections awarded to the defendants.

Rules and key headnotes

Legislation cited (9)

• Civil Procedure Rules Order 8 rule 1(2)
• Civil Procedure Rules Order 51 rules 3, 4, and 8
• Civil Procedure Rules Order 51 rule 6
• Judicature Act s.33
• Civil Procedure Act s.96
• Uganda Citizenship and Immigration Control Act s.19B(2)(a)
• Uganda Citizenship and Immigration Control Act s.14(2)
• Constitution of Uganda Article 12
• Constitution of Uganda Article 12(2)

Cases cited (3)

• Re Application by Mustapha Ramathan for Orders of Certiorari, Prohibition and Injunction (Civil Appeal No. 25 of 1996)
• Shamira Muhammad Morvi v DFCU Bank Ltd and 3 Others (HCMA No. 1000 of 2018)
• Uganda Telecom v Airtel Uganda Ltd (M.A No. 30 of 2011)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Lena Nakalema v Christopher Mubiru and Others (Miscellaneous Application No. 1505 of 2022)

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