Wakilii

Lusasizi & Others v Male (Miscellaneous Application 235 of 2024)

High Court · [2025] UGHC 286 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application arising from civil suit seeking dismissal or striking out of main suit on grounds of failure to disclose cause of action, limitation, and misnomer
Decision
Application dismissed with costs; misnomer in defendant's name ordered corrected; main suit to proceed

Observed later treatment

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Holding

The High Court dismissed an interlocutory application seeking to strike out a trespass suit. The court held that the plaint disclosed a cause of action for trespass, the suit was not time-barred as trespass is a continuing tort and the action was brought within 12 years of discovery, and a misnomer in naming the first defendant was a technicality that could be corrected by amendment without causing injustice.

Outcome

Application dismissed with costs; misnomer in defendant's name ordered corrected; main suit to proceed

Facts

The respondent filed a civil suit for trespass against four defendants relating to land at Bugabo village, Kiboga district. The applicants/defendants filed this interlocutory application seeking to dismiss or strike out the suit on three grounds: failure to disclose a cause of action because the respondent did not attach documents proving his status as beneficiary of the deceased's estate or the deceased's ownership of the land; that the suit was time-barred under the Limitation Act as the respondent became aware of the alleged trespass in 2006 and 2014 but only sued in 2024; and that the first applicant was incorrectly named as John Musasizi alias John Lusasi Bahemuka when his actual name is Lusasizi John. The respondent opposed the application, arguing that trespass is a continuing tort, that he would tender relevant documents at trial, and that the naming error was a typographical mistake.

Issues

  1. Whether civil suit no. 0103 of 2024 discloses a cause of action against the applicants.
  2. Whether civil suit no. 0103 of 2024 is time barred.
  3. Whether civil suit no. 0103 of 2024 should be struck out against the 1st applicant for suing a non-existent party.
  4. What remedies are available to the parties?

Orders

  • Application dismissed.
  • The name of the 1st defendant in civil suit no. 0103 of 2024 be corrected and replaced to read Lusasizi John.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Cause of Action — Disclosure in Plaint — Trespass to Land
A plaint discloses a cause of action for trespass to land where it pleads that the plaintiff enjoyed a right as owner of land, that the defendants trespassed onto the land, and that this was to the plaintiff's detriment, even where the plaintiff has not attached all documents proving ownership at the pleading stage.
Civil Procedure — Order 7 Rule 14 — Documents to be Produced with Plaint — Distinction Between Rules 14(1) and 14(2)
Order 7 rule 14(1) of the Civil Procedure Rules applies where a plaintiff sues upon a specific document in their possession (such as letters of administration), requiring production of that document with the plaint. Order 7 rule 14(2) applies to other documents relied on as evidence, which must be listed but need not be filed with the plaint. A trespass suit is not a suit upon a document within the meaning of rule 14(1).
Tort Law — Trespass to Land — Limitation — Continuing Tort
Trespass to land is a continuing tort. The limitation period under section 5 of the Limitation Act runs from the date the plaintiff becomes aware of the trespass, and a fresh cause of action arises each day the trespasser remains in unlawful possession. An action brought within 12 years of discovery of the trespass is not time-barred.
Civil Procedure — Parties — Misnomer — Amendment
A misnomer in naming a party is a technicality that does not go to the root of the matter and can be corrected by amendment under Order 1 rule 10(2) of the Civil Procedure Rules without causing miscarriage of justice, particularly where the names are substantially similar and the correct party is identifiable.
Statutory Interpretation — Constitution — Article 126(2)(e) — Substantive Justice Over Technicalities
Under Article 126(2)(e) of the Constitution of Uganda 1995, courts shall handle cases without undue regard to technicalities. Minor errors in naming parties that do not affect the substance of the case should not defeat justice.

Legislation cited (9)

Cases cited (8)

  • Fakrudin Vallibhai Kapasi and Another v Kampala District Land Board and Alliance Holdings Ltd (High Court Civil Suit No. 570 of 2015)
  • Uganda Aluminium Ltd v Restuta Twinomugisha (Court of Appeal Civil Appeal No. 22 of 2000)
  • Kapeka Coffee Works Ltd v NPART (Court of Appeal Civil Appeal No. 3 of 2000)
  • Tororo Cement Co. Ltd v Frokina International Ltd (Civil Appeal No. 21 of 2001)
  • Donovan v Gwentoys Ltd [1990] 1 WLR 472
  • Trust Ventures Ltd v Power Foam (U) Ltd (Civil Suit No. 669 of 2017)
  • Attorney General v Sanyu Television (Civil Suit No. 614 of 1998)
  • Kyaninga Royal Cottages Limited v Kyaninga Lodge Limited (High Court Miscellaneous Application No. 551 of 2018)

Full judgment

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

Lusasizi & Others v Male (Miscellaneous Application 235 of 2024) [2025] UGHC 286 (9 May 2025)
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.