Wakilii

Kabaka of Buganda v Luwalala and 3 Others (Miscellaneous Application 3672 of 2023)

High Court · [2024] UGHCLD 137 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of judgment arising from Civil Suit No. 528 of 2014, brought by a non-party claiming the suit land as official mailo estate
Decision
Judgment reviewed and set aside; matter remitted for fresh hearing with applicant joined as party

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court Land Division reviewed and set aside its previous judgment in Civil Suit No. 528 of 2014, finding that the applicant (Kabaka of Buganda) was an aggrieved party despite not being originally joined to the suit. The court held that the applicant had established sufficient cause for review by presenting new information showing the suit land formed part of the official mailo estate of the Kabaka, not the private estate of the late Sir Apollo Kaggwa. The matter was remitted for fresh hearing with the applicant joined as a party.

Outcome

Judgment reviewed and set aside; matter remitted for fresh hearing with applicant joined as party

Facts

The 1st to 3rd respondents brought Civil Suit No. 528 of 2014 claiming ownership of land comprised in Kigaando Block 255 plots 97 & 98, asserting it belonged to the estate of the late Sir Apollo Kaggwa under Final Certificate No. 11205 and Provisional Certificate No. 4259 in 1921, later converted to MRV 240 Folio 23. The 4th respondent (Uganda Land Commission) was the registered proprietor but did not defend. Judgment was entered ordering compensation to the plaintiffs. The Kabaka of Buganda, through Buganda Land Board, later discovered the judgment and applied for review, claiming the land was official mailo estate of the Kingdom allocated to the office of Katikkiro of Buganda under the 1900 Buganda Agreement, not private estate of Sir Apollo Kaggwa. The land had been confiscated by the state after 1966, vested in Uganda Land Commission, then returned to Buganda Kingdom in 2013. UNRA correspondence confirmed Kabaka's ownership when compensating for the Kampala-Entebbe expressway construction.

Issues

  1. Whether the applicant is an aggrieved party entitled to seek review of a judgment in proceedings to which he was not a party.
  2. Whether there is sufficient cause for reviewing and setting aside the judgment in Civil Suit No. 528 of 2014.
  3. Whether the suit land comprised in Kigaando Block 255 plots 97 & 98 forms part of the official mailo estate of the Kabaka of Buganda or the private estate of the late Sir Apollo Kaggwa.

Orders

  • The judgment of this court in Civil Suit No. 528 of 2014 is hereby reviewed and set aside.
  • The respondent to amend the pleadings to add the applicant within a period of 14 days after the delivery of this ruling.
  • The applicant shall file a written statement of defence within a period of 14 days from the date of receiving the amended plaint.
  • Rejoinder to be filed within one week upon receiving the written statement of defence.
  • Each party to bear its own costs.

Rules and key headnotes

Civil Procedure — Review of Judgment — Aggrieved Party — Locus Standi of Non-Party
A person who was not party to proceedings but who can demonstrate that a judgment deprived him of property or otherwise caused him legal grievance is an aggrieved party with standing to apply for review of that judgment under section 82 of the Civil Procedure Act and Order 46 rule 1 of the Civil Procedure Rules.
Civil Procedure — Review of Judgment — Sufficient Cause — New Information and Issues
Where an applicant for review introduces new information and fresh issues which would have been material to the court's decision had they been brought to its attention, and where these raise serious matters such as allegations of fraud requiring further investigation, there is sufficient cause for grant of review even where the applicant was not originally party to the suit.
Land & Property — Official Mailo Estate — Distinction from Private Estate — Succession
Land allocated to specific offices in Buganda Local Government under the 1900 Buganda Agreement, including land held by the Katikkiro of Buganda as a corporation sole, constituted official mailo estate as distinguished from private mailo estate under the 1908 Land Law and the Official Estates Act 1919. Official estate land could not be claimed by the office holder as private estate and could not be inherited upon the office holder's death.
Land & Property — Official Mailo Estate — Confiscation and Restitution — Constitutional Vesting
Official estate land belonging to Buganda Kingdom was confiscated by the state following abolishment of kingdoms after the 1966 crisis and vested in the Land Commission under Article 109 of the 1967 Constitution. Upon restoration of kingdoms, confiscated properties were returned to traditional leaders under the Traditional Rulers (Restitution of Assets and Properties) Act Cap. 247, with such land vesting in the Buganda Land Board by operation of Article 113(2) and (12) of the 1995 Constitution.

Legislation cited (10)

Cases cited (3)

  • Re Nakiuubo Chemists (U) Ltd [1979] HCB 12
  • Yusuf v Nakoroch [1977] EA 704
  • Muhammed Bukenga Aliibai v W E Bukenga and Another (Supreme Court Civil Appeal No. 56 of 1996)

Full judgment

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

Kabaka_of_Buganda_v_Luwalala_and_3_Others_(Miscellaneous_Application_3672_of_2023)_[2024]_UGHCLD_137_(4_March_2024)
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.