Wakilii

Kaseeta & Another v Kaseeta & 4 Others (Civil Suit 19 of 2022)

High Court · [2023] UGHC 437 · 2023 Preliminary Objection Upheld — Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil suit for declaration of nullity of will, recovery of estate property, and related orders dismissed on preliminary objection of limitation
Decision
Suit dismissed on preliminary objection with costs to the defendants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the suit seeking to challenge distribution of an estate and recover estate property was barred by limitation under section 5 of the Limitation Act. The plaintiffs' claim accrued in 1984 when the testator died, but suit was filed in 2022, nearly 38 years later. The 12-year limitation period had expired. The preliminary objection was upheld, the plaint was rejected under Order 7 rules 6 and 11(d) CPR, and the suit was dismissed with costs to the defendants.

Outcome

Suit dismissed on preliminary objection with costs to the defendants

Facts

The 1st plaintiff is the daughter of the late Isiraheli Kaseeta. The 2nd plaintiff is a son and administrator of the estate of late Kaseeta Kellen Kobusingye, and a grandson of late Isiraheli Kaseeta. The 1st defendant is a son of late Isiraheli Kaseeta. The 2nd, 3rd, 4th and 5th defendants are the grandchildren of late Isiraheli Kaseeta and sons of late Byarugaba Daudi. The plaintiffs sought declarations that the will of late Isiraheli Kaseeta was null and void, that certain properties formed part of his estate, and orders for vacant possession, demolition, injunctions, and damages. The defendants contended that Isiraheli Kaseeta died testate leaving a will dated 25 September 1983 appointing the 1st defendant and Byarugaba Daudi as executors, and that the estate was distributed among beneficiaries. The plaintiffs alleged that since 26 April 1984 when the testator died, the 1st defendant had been intermeddling with estate property, and that in 2000 the 1st defendant sold 10 acres of the estate. The defendants raised a preliminary objection that the suit was barred by limitation. The 3rd defendant filed no defence and the matter proceeded against him under Order 9 Rule 10 CPR.

Issues

  1. Whether the instant suit is barred by limitation.
  2. What remedies are available to the parties.

Orders

  • Civil Suit No. 019/2022 (formerly Civil Suit No. 01/2022) is barred by limitation and is hereby declared so.
  • The plaint is rejected under Order 7 rule 6 and 11(d) of the CPR and the matter is dismissed.
  • Costs of the suit awarded to the 1st, 2nd, 4th and 5th Defendants.

Rules and key headnotes

Limitation of Actions — Preliminary Objections — Suit Barred by Limitation
A preliminary objection that a suit is barred by limitation is a proper objection raising a pure point of law which can be determined without reference to evidence.
Limitation — Accrual of Right of Action — Estate Disputes
Under section 5 of the Limitation Act, no action shall be brought to recover any land after the expiration of 12 years from the date on which the right of action accrued, and in cases of denial of a share or claims arising from excessive or inadequate distribution of an estate, the right of action accrues when the denial of the share or inadequate distribution occurs.
Limitation — Accrual of Right of Action — Time Begins to Run from Death of Testator
Where a suit challenges the distribution of an estate and seeks recovery of estate property, the right of action accrues from the date of death of the testator, and the 12-year limitation period runs from that date.
Rejection of Plaint — Suit Barred by Limitation — Order 7 Rules 6 and 11(d) CPR
Where a suit is found to be barred by limitation, the court has power under Order 7 rules 6 and 11(d) of the Civil Procedure Rules to reject the plaint and dismiss the suit.

Legislation cited (4)

Full judgment

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

Kaseeta & Another v Kaseeta & 4 Others (Civil Suit 19 of 2022) [2023] UGHC 437 (7 September 2023)
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.