Wakilii

Kiiza and Others v Uganda Wildlife Authority and Another (HCT-01-CV-CS 39 of 2010)

High Court · [2023] UGHCCD 105 · 2023 Preliminary Objections Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary points of law raised by defendants in a representative civil suit for land ownership, injunction, and compensation
Decision
Preliminary objections dismissed; matter to proceed to substantive hearing after plaintiffs comply with advertisement requirement

Observed later treatment

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Holding

The High Court overruled both preliminary objections. On the first objection, the court held that failure to advertise the representative order in time or to list all represented persons' names is curable by re-advertisement in the interests of substantive justice. On the second objection, the court held that the cause of action arose in 2009 when the plaintiffs were evicted and lost property, not in 2001, and therefore the suit filed in 2010 was within the two-year limitation period under the Civil Procedure and Limitation (Miscellaneous) Provisions Act.

Outcome

Preliminary objections dismissed; matter to proceed to substantive hearing after plaintiffs comply with advertisement requirement

Facts

The plaintiffs, suing as representatives of 478 others, claimed ownership of land at Kyabatukura Village, Kasese District, and sought compensation of UGX 200,000,000 for lost property. They alleged that in 2001, game wardens and rangers evicted them, but after investigations they were allowed to re-occupy the land with assurances of compensation. In 2009, they were evicted again by game wardens, rangers, police, and prison officers, resulting in property loss. The plaintiffs obtained a representative order in February 2010 to sue on behalf of 477 others but did not advertise it until 2022. The defendants raised preliminary objections that the plaintiffs failed to comply with Order 1 rule 8 requirements for representative suits and that the claim for compensation was barred by the two-year limitation period.

Issues

  1. Whether the Plaintiff complied with the requirements under Order 1 rule 8 of the Civil Procedure Rules.
  2. Whether the Civil Suit No. 0039 of 2010 is barred by limitation.
  3. What remedies are available to the parties?

Orders

  • Both preliminary points of law overruled.
  • The Plaintiffs shall advertise the representative order and full list of persons represented in a newspaper of wide circulation and file a copy in court within 30 days from the date of this ruling.
  • Each party shall bear its own costs.
  • Case fixed for mention on 5 June 2023 for further directions.

Rules and key headnotes

Civil Procedure — Representative Suits — Order 1 Rule 8 — Notice Requirements — Curable Defects
Failure to advertise a representative order in time or to list all represented persons' names in the advertisement is a curable defect that can be remedied by re-advertisement in the interests of substantive justice under the court's inherent powers and Article 126(2)(e) of the Constitution.
Civil Procedure — Representative Suits — Order 1 Rule 8 — Advertisement Requirements — Names of Represented Persons
Under Order 1 rule 8 of the Civil Procedure Rules, where notice of a representative suit is given by public advertisement, the names of all persons to be represented must be listed in the newspapers so that they can respond and exercise their right to join or withdraw from the suit.
Civil Procedure — Limitation — Computation of Time — Cause of Action — Pleadings
In determining whether a suit is barred by limitation, the court considers the whole plaint and the dates pleaded by the plaintiff as to when the cause of action arose, and the dates pleaded by the plaintiff should be considered in computation of time.
Tort Law — Limitation Period — Scheduled Corporations — Cause of Action — Multiple Events
Where a plaint alleges multiple evictions at different times, the cause of action for purposes of limitation is the event that directly led to the loss claimed, not an earlier related event. A suit filed within two years of the relevant eviction is not barred by section 3(1) of the Civil Procedure and Limitation (Miscellaneous) Provisions Act.

Legislation cited (7)

Cases cited (10)

  • Ibrahim Bumwembo and Others v UTODA (HCCS No. 664 of 2003)
  • Mugisha Enos and 7 Others v Kyotera District Land Board (HCMC No. 001 of 2021)
  • Kasozi Joseph and Others v Umeme (U) Ltd (HCCS No. 188 of 2010)
  • Olweny Patrick v Oyoo Lungino and 3 Others (High Court Civil Appeal No. 032 of 2018)
  • Makula International v His Eminence Cardinal Nsubga and Another [1982] HCB 11
  • Isma Hakiri and 2 Others v Attorney General and 31 Others (Civil Suit No. 0043 of 2004)
  • Mathias Lwanga Kaganda v Uganda Electricity Board (HCCS No. 124 of 2003)
  • Benard Tumuhimbise and 3 Others v Attorney General and Uganda Wildlife Authority (HCCS No. 778 of 2003)
  • Onesiforo Bamuwayira and 2 Others v Attorney General (1973) HCB 87
  • Lakwo Roy and Another v Santa Sarah Ochen (Civil Appeal No. 0086 of 2018)

Full judgment

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

Kiiza and Others v Uganda Wildlife Authority and Another (HCT-01-CV-CS 39 of 2010) [2023] UGHCCD 105 (17 April 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.