Wakilii

Kawuma v Magandaazi & Another (Miscellaneous Application 164 of 2024)

High Court · [2024] UGHCLD 54 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion to strike out plaint in main suit for being incompetent
Decision
Application dismissed; main suit to proceed to trial on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a preliminary objection to strike out a plaint on grounds of illegality of tenancy agreements, lack of cause of action, and locus standi cannot be determined on affidavit evidence alone where the issues raised are contentious and require full trial. The court found that questions regarding the validity and legality of tenancy agreements, whether the suit land still exists after subdivision, and the merits of fraud and illegality allegations require oral and documentary evidence to be adduced at trial. The application to strike out the suit was dismissed.

Outcome

Application dismissed; main suit to proceed to trial on merits

Facts

The applicant, Kawuma Yusuf, was registered proprietor of land formerly comprised in Kyadondo Block 195 Plot 328, which he acquired from the administrators of the estate of the late Kiragga Ssanyu Lukanga. He subsequently subdivided and sold portions of the land. The respondents claimed ownership of part of the land based on tenancy agreements allegedly entered into with Daniel Nsimbe, described as a bonafide occupant. The respondents filed civil suit No. 1264 of 2023 seeking recovery of land and cancellation of the applicant's certificate of title. The applicant sought to strike out the suit on grounds that the tenancy agreements were illegal and unenforceable, the plaint disclosed no cause of action, the land described in the plaint no longer existed after subdivision, and the respondents lacked locus standi.

Issues

  1. Whether this is a proper and competent application for determination on the basis of preliminary objections?
  2. Whether the plaint in HCCS No. 1264 of 2023 should be struck out for being incompetent as the claim is premised on an illegal and legally unenforceable tenancy agreement?
  3. Whether the plaint in HCCS No. 1264 of 2023 should be struck out as the plaint discloses no valid cause of action?
  4. Whether the plaint in HCCS No. 1264 of 2023 should be struck out as the claim relates to land (Kyadondo Block 195 Plot 328) which no longer exists?
  5. Whether the respondents who are the plaintiffs lack locus standi to maintain an action for recovery of land or cancellation of title?
  6. Whether the suit should be struck out on account that it is frivolous and vexatious, incompetent, and abuse of court process?
  7. Whether the applicant is being subjected to unwarranted litigation in defending an incompetent suit?

Orders

  • The application to have civil suit No. 1264 of 2023 dismissed is hereby dismissed.
  • Civil suit No. 1264 of 2023 proceeds on its own merit.
  • Costs of the application to be in the main cause.

Rules and key headnotes

Civil Procedure — Preliminary Objections — Points of Law — Determination on Pleadings Alone
A preliminary objection raising points of law under Order 6 rules 28 and 29 of the Civil Procedure Rules can only be determined where the point of law can be decided fairly and squarely on facts agreed or not in issue in the pleadings, and not where the determination depends on disputed facts that require evidence to be adduced at trial.
Civil Procedure — Striking Out Pleadings — Contentious Issues — Trial by Affidavit
Where preliminary objections raise contentious and complex issues that cannot be determined merely by looking at the pleadings without giving parties an opportunity to adduce evidence, including calling witnesses, the proper procedure is to allow the matter to proceed to full trial rather than determining it on affidavit evidence.
Civil Procedure — Cause of Action — Disclosure in Plaint — Material Facts
A plaint discloses a cause of action where it states the facts showing that the plaintiff enjoyed a right and that right was infringed upon by the defendant, even where the merits and details of those facts require further evidence to be adduced at trial.
Civil Procedure — Locus Standi — Capacity to Sue — Tenancy
A party claiming rights under a tenancy agreement has locus standi to bring suit where they clearly state in the plaint the capacity under which they bring the suit and attach the tenancy agreement forming their place of standing, even where the validity of that agreement is contested.
Land & Property — Tenancy Agreements — Validity and Legality — Evidential Proof
The legality of a tenancy agreement, particularly questions regarding who was the landlord and whether they had capacity to enter into the agreement, is a contentious matter that requires evidential proof and cannot be determined by looking at the face of the agreement alone in a preliminary objection.

Legislation cited (12)

Cases cited (7)

  • Crane Bank Ltd (in receivership) v Sudhir Ruparelia and Another (Civil Appeal No. 282 of 2019)
  • Adam Jacob Muhammed and Another v Madaya Rogers (Miscellaneous Application No. 0014 of 2013)
  • Ainomugasho Winfred and Others v Fatuma Nalumansi (High Court Miscellaneous Application No. 2084 of 2016)
  • Auto Garage and ors vs Motokov 1971 EA
  • Dima Domnic v Inyani and Another (High Court Civil Division No. 154 of 2017)
  • Ismail Serugo v KCCA and Attorney General (Supreme Court Civil Appeal No. 2 of 1998)
  • Nas Airport Services Limited V. The Attorney General of Kenya [1959] 1 EA

Full judgment

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

Kawuma_v_Magandaazi_&_Another_(Miscellaneous_Application_164_of_2024)_[2024]_UGHCLD_54_(6_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.