Mayega & Ors v Sempala & Anor (Civil Suit No. 187 of 2012)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court dismissed all preliminary objections raised by both parties without costs. The court held that the plaintiffs' objection that the defendants' written statements of defence do not disclose a reasonable answer must be determined after evidence is adduced. The court similarly held that the defendants' three preliminary objections concerning locus standi, absolute bar against registered proprietors, and limitation were all based on issues of law and fact requiring evidence before resolution.

Outcome

Preliminary objections dismissed — matter remitted to hearing on the merits

Facts

The plaintiffs sued for recovery of land comprised in Kyadondo Block 107 plot 127 situate at Nakyesanja, seeking cancellation of the first defendant's registration obtained through a certificate of succession issued by the second defendant in 1975. The plaintiffs alleged that the certificate of succession was issued under repealed law in respect of the estate of late Lekobowamu Mukiibi, and that it was invalid. The first defendant was registered as proprietor on the white page in 1999 under instrument No. Kampala 207032 as administrator of the estate of Isaac Mayambala on the basis of the said certificate. Before scheduling, both parties raised preliminary objections: the plaintiffs objected that the defendants' written statements of defence disclosed no reasonable answer; the defendants objected that the plaintiffs lacked locus standi, that an action against a registered proprietor was barred, and that the action was time barred.

Issues

1. Whether the defendants' written statements of defence disclose a reasonable answer to the plaintiffs' claim.
2. Whether the plaintiffs have locus standi to sue the defendants for recovery of the estate property of late Lekobowamu Mukiibi who died intestate.
3. Whether it is an absolute bar to bring an action for ejectment or recovery of land against a registered proprietor of land.
4. Whether the plaintiffs' action against the defendants is time barred.

Orders

• All preliminary objections raised by the parties are dismissed without costs.
• The suit shall be fixed for hearing in the August-September 2013 Civil Session by any of the incoming Judges.

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