Wakilii

Kiggundu Tamale Lincoln and Another v Justina Nakirya (Miscellaneous Application No. 3310 of 2024)

High Court · [2026] UGHCLD 114 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to dismiss main suit on grounds of limitation and lack of cause of action
Decision
Application dismissed with issues to be determined at trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court declined to determine whether the main suit was time barred or disclosed no cause of action at the interlocutory stage. The court held that issues of limitation and cause of action required interrogation of evidence from both parties at trial and ordered that these issues form part of the issues for determination at the full hearing.

Outcome

Application dismissed with issues to be determined at trial

Facts

The applicants, beneficiaries of the estate of the late Tony Tamale Kiggundu, were sued by the respondent in Civil Suit No. 0826 of 2022 for trespass and recovery of land comprised in Kyadondo Block 266 Plot 166 at Seguku. The respondent alleged that the late Tamale Tony Kiggundu encroached on her land and erected structures in 1983, and that the applicants continued to trespass by collecting rent from tenants on the disputed land. The applicants brought a preliminary application seeking dismissal of the suit on grounds that it was time barred, having been filed 39 years after the alleged encroachment in 1983, and that it disclosed no cause of action against them as beneficiaries rather than administrators of the estate. The respondent contended that trespass is a continuing tort, that her cause of action arose in 2014 when she commissioned a survey report confirming the encroachment, and that the applicants continued to benefit from the trespass.

Issues

  1. Whether Civil Suit No. 0826 of 2022 is time barred.
  2. Whether the respondent has a cause of action against the applicants in Civil Suit No. 0826 of 2022.

Orders

  • Application declined.
  • Issues raised in the application to form part of the issues at trial in the main suit.

Rules and key headnotes

Civil Procedure — Preliminary Objections — Determination of Limitation and Cause of Action at Interlocutory Stage
Where issues of limitation and cause of action require interrogation of evidence from both parties, the court may decline to determine such issues at the interlocutory stage and instead order that they form part of the issues for determination at trial.

Legislation cited (9)

Full judgment

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

Kiggundu_Tamale_Lincoln_and_Another_v_Justina_Nakirya_(Miscellaneous_Application_No._3310_of_2024)_[2026]_UGHCLD_114_(15_April_2026)
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.