Wakilii

Kisitu & Another v The Commissioner Land Registration (Miscellaneous Application 88 of 2024)

High Court · [2024] UGHC 788 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for discovery and production of documents arising from pending civil suit
Decision
Application allowed; respondent ordered to produce documents within 30 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application for discovery and production of documents under Order 10 rules 12 and 14 of the Civil Procedure Rules. The court held that the applicants established a sufficient prima facie basis that the documents sought—mutation forms, area schedules, transfer instruments, and certificates of title—were material and relevant to their defence and counterclaim in the underlying land suit, were in the respondent's possession, and were not a fishing expedition. The respondent was ordered to produce certified copies within 30 days, with each party bearing own costs.

Outcome

Application allowed; respondent ordered to produce documents within 30 days

Facts

The applicants, Kisitu Hamza and Kisitu Robert, were defendants in Civil Suit No. 147 of 2020 brought by their elder brother Senoga John for trespass to land. On 21 January 2021, eight defendants filed their defence including a counterclaim and added the Commissioner Land Registration as a respondent. The applicants sought discovery and production of certified copies of mutation forms, area schedules, transfer instruments and certificates of title for land comprised in Kyaggwe Block 103, Plots 185, 1564, 1565 (now 1732 and 1733) at Sonde. They contended these documents were in the custody of the Commissioner and necessary for their defence and counterclaim. The respondent did not oppose the application despite proof of service, and it proceeded ex parte.

Issues

  1. Whether the court should grant an order for discovery and production of documents relating to land comprised in Kyaggwe Block 103, Plots 185, 1564, 1565 (now 1732 and 1733).

Orders

  • The Respondent is ordered to make discovery and production on oath before the court of certified copies of mutation forms, area schedule, transfer instruments/forms and certificates of title for land comprised in Kyaggwe Block 103, Plots 185, 1564, 1565 (now plots 1732 & 1733), land at Sonde, within 30 days from the date of the ruling.
  • Each party shall bear their own costs of the application.

Rules and key headnotes

Discovery and Production of Documents — Prerequisites
An order for discovery of documents may be made where there is sufficient evidence that the documents exist and have not been disclosed, the documents relate to the matter in issue in the action, and there is sufficient evidence that the documents are in the possession, custody or power of the other party.
Discovery and Production of Documents — Court's Discretion and Principles
Whether to grant an application for discovery of documents under Order 10 rule 12 of the Civil Procedure Rules is a matter within the discretion of the judge, who should have regard to proportionality, the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, and whether the burden or expense outweighs the likely benefit.
Discovery and Production of Documents — Fishing Expedition
Discovery must not be allowed as a fishing expedition. An application for discovery must be specific, must establish materiality, and must recite precisely what is wanted. It is a fishing expedition when it goes beyond the allegations in the pleadings and attempts to randomly find additional evidence, or is driven by hope that something will emerge to support the applicant's claim.
Discovery and Production of Documents — Purpose
Discovery of documents is intended to assist parties in ascertaining truth, detecting false or sham claims, educating parties as to the real value of their claims thereby encouraging settlements, expediting litigation, safeguarding against surprise, preventing delay, and simplifying and narrowing the issues.

Legislation cited (4)

Cases cited (2)

  • Olouch v Charagu [2003] 2 EA 651
  • Dresdner Bank Ag v Sango Bay Estates Ltd (No. 4) [1971] 1 EA 409

Full judgment

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

Kisitu & Another v The Commissioner Land Registration (Miscellaneous Application 88 of 2024) [2024] UGHC 788 (30 August 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.