Wakilii

George William Kasumba and Another v Kabanda Emmanuel and Others (Civil Suit No. 172 of 2025)

High Court · [2025] UGHC 696 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objections raised by 3rd, 4th and 5th Defendants before scheduling conference in a civil suit for trespass and declaration of ownership
Decision
Preliminary objections deferred pending scheduling conference; matter to proceed to scheduling

Observed later treatment

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Holding

The High Court held that preliminary objections raised by the 3rd, 4th and 5th Defendants were premature because they were raised before the mandatory scheduling conference required under Order 12 Rule 1 of the Civil Procedure Rules. Following the Supreme Court decision in Metropolitan Property Ltd v Mayimuna Muye Amin, the Court ruled that it is procedurally incorrect to determine preliminary objections before conducting a scheduling conference after close of pleadings. The objections were deferred for determination after the scheduling conference.

Outcome

Preliminary objections deferred pending scheduling conference; matter to proceed to scheduling

Facts

The Plaintiff sued 28 Defendants claiming ownership of land comprised in Busiro Block 336 Plots 16 and 41 at Lwekobajja, seeking declarations of ownership, orders for vacant possession, demolition of illegal structures, permanent injunction, and damages for trespass. The 3rd, 4th and 5th Defendants filed an amended Written Statement of Defence and sought to raise preliminary objections at the commencement of trial, arguing that the suit disclosed no cause of action against them, was time-barred (filed over 32 years after the alleged cause of action in 1989), and that the Plaintiff lacked locus standi. The Defendants claimed they inherited kibanja interests from their late father who acquired title in 1942. When the matter came up for mention on 3rd July 2025, the Plaintiff's counsel opposed the preliminary objections as premature, arguing they should be raised after the mandatory scheduling conference. The matter was fixed for ruling on 19th August 2025.

Issues

  1. Whether the preliminary objections were raised prematurely before the Court conducted the mandatory scheduling conference in accordance with the law and procedure.
  2. Whether the preliminary objections are based on controversial facts which raise issues for trial and were raised in error and without regard to the principles that govern preliminary objections.

Orders

  • The second objection raised by Learned Counsel for the Plaintiff is deferred for determination after the scheduling conference.
  • The preliminary objections raised by the 3rd, 4th and 5th Defendants are deferred for determination after the scheduling conference.
  • The parties are directed to appear before this Court on 1st September 2025 at 12:00 P.M for scheduling.
  • No Order is made as to Costs.

Rules and key headnotes

Civil Procedure — Preliminary Objections — Timing — Mandatory Scheduling Conference
It is procedurally incorrect for a trial Court to determine preliminary objections before conducting the mandatory scheduling conference required under Order 12 Rule 1 of the Civil Procedure Rules, regardless of whether the objection involves pure points of law or mixed questions of law and fact.
Civil Procedure — Scheduling Conference — Mandatory Nature — Timing
Under Order 12 Rule 1(b) of the Civil Procedure Rules, every trial Court is obligated to conduct a scheduling conference within 28 days from the date of filing of the pleading constituting the last reply or rejoinder, and preliminary objections ought to be addressed within the case management framework provided for by the scheduling conference after close of pleadings.
Civil Procedure — Stare Decisis — Binding Precedent — Supreme Court Decisions
Decisions of the Supreme Court are binding on all lower Courts under the doctrine of stare decisis, and a High Court cannot disregard or reinterpret the ratio decidendi of the Supreme Court to carve out an exception that was not made by that Court itself.

Legislation cited (9)

Cases cited (8)

  • Metropolitan Property Ltd v Mayimuna Muye Amin (Supreme Court Civil Appeal No. 04 of 2022)
  • Tororo Cement Co Ltd v Frokina International Ltd (Civil Appeal No. 2 of 2001)
  • Mohamed B Kasasa v Jasper Buyonga and Siraje Bwogi (Court of Appeal No. 42 of 2008)
  • Khayiyi v Wanambwa (High Court Civil Appeal No. 0064 of 2012)
  • General Parts (U) Ltd v Middle North Agencies and Another (High Court Civil Suit No. 610 of 2013)
  • Justine E.M.N. Lutaya v Stirling Civil Engineering Company Ltd (Civil Appeal No. 11 of 2002)
  • Attorney General v James Mark Kamoga and Another (Supreme Court Civil Appeal No. 8 of 2004)
  • Kivanga Estate Ltd v National Bank of Kenya Ltd (Civil Appeal No. 217 of 2015)

Full judgment

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

George William Kasumba and Another v Kabanda Emmanuel and Others (Civil Suit No. 172 of 2025) [2025] UGHC 696 (19 August 2025)
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.