Wakilii

Lakeside Township Ltd & 2 Ors v Lakeside City Ltd & Anor (Civil Appeal No. 100 of 2012)

Court of Appeal · [2015] UGCA 59 · 2015 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from High Court dismissal of suit on a preliminary objection
Decision
Appeal allowed, trial Judge's decision set aside, and matter remitted to High Court for re-trial before another Judge

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal held that the trial Judge erred in dismissing the suit on preliminary objections that raised issues of fraud, illegality and citizenship, being matters of mixed law and fact that required proof by evidence at a full trial. It further held that an appellate court cannot allow an appeal merely by consent or because it is uncontested, as it must decide all issues of law and fact itself. The Judge's reliance on documents not admitted in evidence and disposal of the suit before completing the scheduling conference contravened the right to a fair hearing under Article 28(1) of the Constitution, rendering his decision null and void. The appeal was allowed, the decision set aside, and the matter remitted for re-trial before another Judge.

Outcome

Appeal allowed, trial Judge's decision set aside, and matter remitted to High Court for re-trial before another Judge

Facts

The appellants, as plaintiffs, filed High Court Civil Suit No. 25 of 2010 (also referred to as No. 251 of 2010) concerning interests in suit land. Both the plaintiffs and the defendants raised preliminary objections. The plaintiffs' objections alleged, among other things, illegality and fraud in the registration and transfers of the land under the Land Act and Registration of Titles Act, as well as issues of citizenship. The defendants' objections asserted the plaint disclosed no cause of action. The trial Judge ordered written submissions and, on that basis, upheld the defendants' objections, dismissed the plaintiffs' objections, and dismissed the suit without a full trial, including a finding that an appellant was not a citizen of Uganda and nullification of land transactions. On appeal, all parties agreed to settle the appeal by consent, but the Court declined to enter a consent judgment and ordered the appeal to proceed on the merits.

Issues

  1. Whether the trial Judge erred in determining issues of fraud, illegality and citizenship by way of preliminary objections without hearing evidence.
  2. Whether an appellate court may allow an appeal merely by consent of the parties or because it is uncontested.
  3. Whether the dismissal of the suit before completion of the scheduling conference and on documents not admitted in evidence denied the parties a fair hearing under Article 28(1) of the Constitution.

Orders

  • The decision of the trial Judge is set aside.
  • The file be remitted to the High Court for re-trial before another Judge.
  • No order as to costs since the respondent did not oppose the appeal.

Rules and key headnotes

Civil Procedure — Preliminary Objections — Issues of Mixed Law and Fact
Allegations of fraud, illegality and citizenship in land matters raise issues of mixed law and fact that cannot be determined by way of a preliminary objection on a point of law and must be proved by evidence at a full trial.
Civil Procedure — Consent Judgment — Appellate Court's Duty to Decide Issues
An appellate court cannot allow an appeal by consent of the parties or merely because it is uncontested, as a consent judgment is a contract and parties cannot contract to set aside a court's judgment; the court must hear the appeal and make its own decision on all issues of law and fact.
Constitutional Law — Fair Hearing — Article 28(1) — Disposal of Suit Without Full Trial
Disposing of a suit before completing the scheduling conference and relying on documents not admitted in evidence contravenes the right to a fair hearing under Article 28(1) of the Constitution, rendering the resulting decision null and void.
Civil Procedure — Cause of Action — Determination on Preliminary Objection
Where a plaint raises serious questions of fact and law, including whether a party had any interest capable of being passed on, and there are no admissions, the question of cause of action cannot be resolved on a preliminary objection without a full trial.

Legislation cited (6)

Cases cited (6)

  • Haji Yusuf Bagalye v Damanico Properties and Other (Constitutional Reference No. 20 of 2011)
  • Kasirye Byaruhanga & Co. Advocates v Mugerwa Pius Mugarasi (Civil Appeal No. 87 of 2008)
  • Edith Nantumbwe and Others v Mariam Kuteesa (Civil Application No. 294 of 2013)
  • American Procurement Company Ltd v Attorney General (Civil Appeal No. 35 of 2009)
  • Hajji Numani Mubiakulamusa v Friends Estate Limited (Civil Appeal No. 209 of 2013)
  • Brian Kagwa v Peter Muramira (Civil Appeal No. 26 of 2009)

Full judgment

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

Lakeside Township Ltd & 2 Ors Vs Lakeside City Ltd & Anor (Civil Appeal No. 100 of 2012) [2015] UGCA 59 (24 June 2015)
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.