Wakilii

D Namutebi and Anor v Kawempe Division (HCT-00-CC-CS 15 of 2005)

High Court · [2005] UGCOMMC 62 · 2005 Judgment for Plaintiffs (Partial) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of arrears of rent
Decision
Judgment entered for the plaintiffs with partial claim struck out on limitation grounds

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that claims against a local authority founded on contract are subject to a three-year limitation period under the Civil Procedure and Limitation (Miscellaneous Provisions) Act s.3(2). Claims pre-dating three years before suit filing are time barred. Where a local authority assumes management of market property and issues written acknowledgment of payment obligations, such acknowledgment combined with unchallenged evidence of initial compliance constitutes sufficient proof of contractual terms. Plaintiffs awarded arrears of rent for the period not time barred, plus general damages for breach of contract.

Outcome

Judgment entered for the plaintiffs with partial claim struck out on limitation grounds

Facts

The deceased Stanley Kiiza Kizito owned land on which Kizito Market operated in Kawempe Division. On 1 October 1999, Kawempe Division, a local authority, assumed direct control and management of the market. Before taking over, the Division wrote to the Administrator General on 21 September 1999 acknowledging that Shs.2,000,000 for the estate would be deducted from market revenues. The Division paid rent at this rate for October and November 1999, then defaulted. The plaintiffs, as administrators of the estate, claimed arrears totaling Shs.111,638,200. At scheduling, the defendant admitted owing Shs.13,982,155 and partial judgment was entered. The defendant contended the estate was only entitled to 30% of net collections but called no evidence to support this. The suit was filed on 11 January 2005.

Issues

  1. Whether the claim or any part thereof is time barred.
  2. Whether the plaintiffs are entitled to Shs.2,000,000.00 per month as claimed.
  3. Whether the plaintiffs are entitled to the remedies sought.

Orders

  • Arrears of rent of Shs.72,000,000.00 for 36 months up to the date suit was filed awarded to the plaintiffs, less what has been admitted to be owing by the defendant.
  • Interest at 20% per annum from date of filing suit to date of judgment awarded.
  • Court rate interest from date of judgment until realisation in full awarded.
  • General damages of Shs.10,000,000.00 awarded to the plaintiffs.
  • Costs of the suit awarded to the plaintiffs.
  • Claim for period earlier than 11th January 2002 struck out as time barred.

Rules and key headnotes

Limitation — Actions against Local Authorities — Contractual Claims
An action founded on contract against a local authority must be brought within three years from the date on which the cause of action arose, pursuant to the Civil Procedure and Limitation (Miscellaneous Provisions) Act s.3(2), and claims beyond this period are time barred and must be struck out.
Limitation — Computation of Limitation Period — Date of Accrual
For purposes of computing the limitation period in a claim for arrears of rent, the cause of action accrues at each date payment becomes due, not at an arbitrary later date when the plaintiff chooses to post arrears to an account, and limitation runs backward from the date of filing suit.
Proof of Contract — Written Acknowledgment and Part Performance
Where a party issues a written acknowledgment of an obligation to pay a specified sum and subsequently makes payments at that rate before defaulting, such acknowledgment combined with unchallenged evidence of initial compliance constitutes sufficient proof of the contractual terms, particularly where the party asserting different terms adduces no evidence in support.
Breach of Contract — General Damages for Breach
Where a party breaches a contract to pay rent without justification, compelling the other party to engage in correspondence and meetings to secure payment, the injured party is entitled to general damages to compensate for the inconvenience and effort expended in attempting to enforce the obligation.

Legislation cited (2)

  • Local Government Act Cap.243
  • Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap.72 s.3(2)

Full judgment

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

D Namutebi and Anor v Kawempe Division (HCT-00-CC-CS 15 of 2005) [2005] UGCommC 62 (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.