Kalule and Another v Nagawa (Civil Suit 150 of 2022)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court deferred determination of the preliminary objection on limitation and ordered consolidation of the suit with related proceedings in the Family Division (Civil Suit No. 749 of 2022). Both suits concerned ownership and possession of the same land, and decisions in either could affect parties not present in the other. The consolidated proceedings would address the plaintiffs' locus standi and the preliminary objection together.

Outcome

Suit consolidated with Civil Suit No. 749 of 2022 in the Family Division; preliminary objection to be determined in the consolidated proceedings

Facts

The plaintiffs sued the defendant seeking a declaration that a contract dated 23 May 2012 for sale of land comprised in Kibuga Block 38 Plot 302 land at Makerere was void ab initio and unenforceable, and an order for the defendant to surrender the duplicate certificate of title. The defendant is the plaintiffs' step mother and holds possession of the land and its title. The defendant raised a preliminary objection that the action was statute barred under the Limitation Act s.3(1) as more than six years had elapsed since the cause of action arose. At the same time, the plaintiffs had filed Civil Suit No. 749 of 2022 in the Family Division against their step brother Jaffar Kasule in trespass concerning the same land. The defendant in the instant suit is not party to the Family Division suit, and the defendant in the Family Division suit is not party to the instant suit.

Issues

1. Whether the plaintiffs' action was statute barred under section 3(1) of the Limitation Act.
2. Whether the suit should be consolidated with related proceedings in the Family Division concerning the same land.

Orders

• The causes of action and defendants in both suits appear different, but the subject of the disputes relates to the same portion of land and the facts surrounding acquisition and possession relate to the same questions of ownership.
• The Family Division is set to hear matters pending before it which touch on ownership and physical possession of the suit land.
• This court is also set to hear and determine the validity of the contract between the same plaintiffs and their step mother who has refused to release the title for the suit land.
• The two suits are to be amalgamated/consolidated and are to be heard by the same division which is dealing with the issue of initial ownership vide Civil Suit No. 749 of 2022.
• It is before the court hearing the consolidated suit that the preliminary objection raised herein shall be raised by the defendant.
• Each party to bear their own costs.

Rules and key headnotes

Legislation cited (1)

• Limitation Act s.3(1)

Cases cited (1)

• Yaga Fara Jalid as Obur Ronald & 3 others CA. No. 0081 of 2018

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