Habibu Namayaza and Another v Yosamu Bajenja (Civil Appeal 12 of 1998)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that the doctrine of res judicata under Civil Procedure Act s.7 did not apply where the appellant raised new issues arising from a changed legal status of the land following the Cultural and Traditional Leaders (Return of Properties) Statute of 1995. The appellant, claiming as allocatee from the Omukama of Toro in her own capacity rather than as administrator of her predecessor's estate, had an independent cause of action that required trial to determine the parties' respective interests.
Outcome
Matter remitted to Chief Magistrate for trial on the merits
Facts
The appellant brought suit against the respondent for general damages, mesne profits, eviction, interest and costs relating to a plot in Fort Portal Municipality. The land had been the subject of protracted litigation between the Kavuma and Kironde families, culminating in a 1995 High Court decision (Civil Suit 117/1995) holding that Kironde's successors had no proprietary interest after losing a prior court battle to Charles Kavuma. The respondent had been a tenant on the land for a long period. The Chief Magistrate struck out the appellant's suit as res judicata on the respondent's preliminary objection. The appellant claimed entitlement as allocatee from the Omukama of Toro under the Cultural and Traditional Leaders (Return of Properties) Statute of 1995, arguing a changed legal status of the land and an independent cause of action in her own capacity distinct from her role as administrator of Yosamu Tabula Kironde's estate.
Issues
- Whether the doctrine of res judicata applies to bar the appellant's suit.
- Whether the appellant, suing in her own capacity as an allocatee of land from the Omukama of Toro, has an independent cause of action distinct from previous litigation.
Orders
- Appeal allowed.
- Matter remitted for trial.
- Costs in the appeal to be costs in the cause.
Rules and key headnotes
Legislation cited (2)
- Civil Procedure Act s.7
- Cultural and Traditional Leaders (Return of Properties) Statute of 1995
Cases cited (4)
- Civil Suit No. 117 of 1995
- Civil Appeal No. 10 of 1965
- Civil Suit No. 3 of 1968
- Civil Suit No. 118 of 1964
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.