Wakilii

George Bisamunyu v Bushenyi District Administration (Civil Suit 338 of 1987)

High Court · [1992] UGHC 92 · 1992 Preliminary Objections Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objections raised by defendant in a civil suit concerning land and alleged tortious acts
Decision
Preliminary objections dismissed; matter proceeds to trial on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

All preliminary objections dismissed. The question of whether the plaintiff is the owner of the land can only be decided after evidence is tendered. Conversion claims may apply to properties other than land. The plaint adequately pleads vicarious liability. Claims for assault and battery are not time barred where plaintiff has repeatedly attempted to re-enter land.

Outcome

Preliminary objections dismissed; matter proceeds to trial on merits

Facts

The plaintiff George Bisamunyu brought suit against Bushenyi District Administration regarding land. The defendant raised preliminary objections: (1) the certificate of title names Nathan Bisamunyu, not George Bisamunyu, thus plaintiff has no cause of action; (2) the claim is based on conversion, which applies only to chattels, not land; (3) the plaint alleges assault and battery but does not identify who committed these acts; (4) the conversion and assault claims are time barred; (5) the plaint fails to allege that defendants' servants acted in the course of employment. The plaintiff responded that identity is a matter for evidence, that other properties besides land were converted, that continuing attempts to re-enter land prevent time bar, and that the plaint adequately pleads vicarious liability.

Issues

  1. Whether the plaintiff has a cause of action when the registered proprietor on the certificate of title differs from the plaintiff's name.
  2. Whether a claim for conversion can properly apply to land.
  3. Whether the plaint adequately pleads assault and battery.
  4. Whether the claims for conversion, assault and battery are time barred.
  5. Whether the plaint adequately pleads vicarious liability by alleging acts were committed by defendants' servants in the course of employment.

Orders

  • All preliminary objections raised by counsel for the defendant are dismissed.
  • Costs to the plaintiff.

Rules and key headnotes

Preliminary Objections — Identity of Parties — Determination on Evidence
Where a preliminary objection challenges whether the plaintiff is the registered owner of land based on a discrepancy in names on the certificate of title, this question can only be decided after evidence has been tendered in court and cannot be determined on a preliminary objection.
Pleadings — Material Facts — Law Need Not Be Pleaded
When preparing pleadings, a party need only state the material facts upon which the claim is founded; a party need not plead the law.

Legislation cited (1)

  • Civil Procedure of Limitation (Misc. Provisions) 1969 s.2

Cases cited (2)

  • Pan African Insurance Co Ltd v Uganda Airlines Corporation & 2 Others (1985) HCB 55
  • Samuel Kizito Mubiro & Another v G.W. Byensiba & Another (1985) HCB 106

Full judgment

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

George Bisamunyu v Bushenyi District Administration (Civil Suit 338 of 1987) [1992] UGHC 92 (18 February 1992)
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.