Wakilii

Kagimu Rogers Gusomba v Sekayondo Apollo and Another (Civil Suit 92 of 2023)

High Court · [2025] UGHC 704 · 2025 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Oral application by 2nd Defendant to dismiss suit for lack of territorial jurisdiction
Decision
Preliminary objection dismissed; suit to proceed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court at Luwero has territorial jurisdiction to entertain a suit for breach of a Memorandum of Understanding executed in Kampala where the subject matter of the agreement is land situated in Luwero District. Where the subject matter or execution of an agreement lies in two distinct territorial jurisdictions, the aggrieved party may lodge the case in either circuit. The preliminary objection was overruled.

Outcome

Preliminary objection dismissed; suit to proceed

Facts

The Plaintiff sued the Defendants seeking refund of UGX 75,000,000 arising from breach of a Memorandum of Understanding for the intended sale and purchase of land comprised in Bulemezi Block 517 Plot 8 at Kaukano, Lukomera village, Luwero District. The Memorandum of Understanding was executed in Kampala. The 2nd Defendant made an oral application to dismiss the suit on the ground that the High Court at Luwero lacked territorial jurisdiction because the Memorandum was signed in Kampala. The Plaintiff and his counsel were not present at the hearing on 10 June 2025.

Issues

  1. Whether the High Court at Luwero has territorial jurisdiction to entertain a suit concerning breach of a Memorandum of Understanding executed in Kampala but relating to land situated in Luwero District.

Orders

  • Preliminary objection raised by Counsel for the 2nd Defendant overruled.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Territorial Jurisdiction — Cause of Action Arising in Multiple Jurisdictions
Where the subject matter of an agreement or execution of the agreement lies in two distinct territorial jurisdictions, the aggrieved party may lodge the case in either circuit.
Civil Procedure — Territorial Jurisdiction — Land Disputes — Situs of Subject Matter
A High Court circuit has territorial jurisdiction to entertain a suit for breach of a contract executed outside its territorial limits where the subject matter of the contract is land situated within its territorial jurisdiction.
Civil Procedure — Territorial Jurisdiction — Remedy for Lack of Jurisdiction
Where a court is satisfied that it does not have territorial jurisdiction to entertain a matter, the court is mandated to transfer the matter to the circuit which has territorial jurisdiction over it and not dismiss the suit.

Legislation cited (4)

Cases cited (4)

  • Uganda v Wadri and 3 Others (Criminal Revision No. 0002 of 2018)
  • Wetaka Francis v Attorney General (Civil Suit No. 30 of 2020)
  • Pastoli v Kabale District Local Government Council and Others [2008] 2 EA 300
  • Kasibante Moses v Katongole Singh Marwana and Another (Election Petition No. 23 of 2011)

Full judgment

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

Kagimu Rogers Gusomba v Sekayondo Apollo and Another (Civil Suit 92 of 2023) [2025] UGHC 704 (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.