Wakilii

Moses Ssali v Nabulime Jane Kayizzi and 4 Others (HCCS. NO. 0018 OF 2019)

High Court · [2026] UGHCLD 69 · 2026 Suit Dismissed — Abuse of Court Process AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objection raised by 4th defendant in first instance civil suit for declaration of kibanja interest and injunction
Decision
Plaintiff's suit dismissed as abuse of court process. Counter-defendants declared trespassers and ordered to vacate the suit land within three and a half months, with permanent injunction issued against them.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court sustained the preliminary objection and dismissed the plaintiff's suit as an abuse of court process. Prior judgments in H/C Civil Appeal No. 118 of 2011 and Court of Appeal Civil Appeal No. 122 of 2015 had determined that when the 4th defendant acquired the suit land in 1984, there were no kibanja holders thereon. These judgments in rem bind all persons, including the plaintiff who claims to have purchased a kibanja interest in 1993. The proper remedy was to seek review under Order 46 CPR, not to file a fresh suit seeking declarations that would contradict binding appellate decisions.

Outcome

Plaintiff's suit dismissed as abuse of court process. Counter-defendants declared trespassers and ordered to vacate the suit land within three and a half months, with permanent injunction issued against them.

Facts

The plaintiff claimed to have purchased a kibanja measuring 300 ft. by 330 ft. by 260 ft. on land comprised in Block 185 plot 531 at Butenga, Kira Town Council, from the 1st defendant in 1993. He alleged he took possession and occupied it for over 23 years until 2018 when the defendants disturbed his possession. The 4th defendant is the registered proprietor of the suit land. In prior proceedings (H/C Civil Appeal No. 118 of 2011), the High Court determined that when the 4th defendant and her late husband purchased the suit land in 1984, there were no kibanja holders or third party interests on the land. This finding was based on evidence from the seller's son that there were no third party interests at the time of sale in 1984. That judgment was upheld by the Court of Appeal in Civil Appeal No. 122 of 2015 on 30 January 2026. The 4th defendant raised a preliminary objection that the plaintiff's suit, filed in 2019, constituted an abuse of court process as it sought orders contradicting the binding appellate decisions.

Issues

  1. Whether the plaintiff's suit constitutes an abuse of court process in light of prior judgments determining that there were no kibanja holders on the suit land when the 4th defendant's husband purchased it in 1984.
  2. Whether the plaintiff is bound by judgments in rem to which he was not a party.
  3. Whether the plaintiff should have sought review under Order 46 of the Civil Procedure Rules rather than filing a fresh suit.

Orders

  • The preliminary objection raised by the 4th defendant is sustained.
  • The plaintiff's suit HCCS No. 0018 of 2019 is dismissed with costs to the 4th defendant pursuant to section 98 of the CPA Cap. 282 and sections 17(2) and 37 of the Judicature Act Cap. 16.
  • It is declared that all four counter-defendants (Moses Ssali, Nabulime Jane Kayizzi, Nanyonga Margaret Kayizzi, and Grace Nague Sissy Nabasuja) have no interest in the suit land comprised in Kyadondo Block 185 plot 531 at Butenga-Kira Town Council and are trespassers thereon.
  • All counter-defendants are ordered to vacate the suit land and hand over vacant possession to the 4th defendant within three and a half months from the date of this ruling, failing which eviction/demolition shall issue in accordance with The Constitution (Land Evictions) (Practice) Directions, 2021.
  • A permanent injunction is issued prohibiting all counter-defendants and their agents from trespassing upon the suit land.
  • The counter-defendants shall pay the costs of the counterclaim to the 4th defendant.

Rules and key headnotes

Abuse of Court Process — Fresh Suit Contradicting Prior Judgment in Rem
Where a court has made a determination in rem regarding the status of land and proprietary interests therein, a fresh suit seeking declarations that would contradict that binding judgment constitutes an abuse of court process, regardless of whether the new plaintiff was a party to the original proceedings.
Judgments in Rem — Binding Effect on Non-Parties
A judgment in rem is a pronouncement about the status of property and is binding on all persons regardless of whether they were parties to the proceedings. All persons are estopped from averring that the status and proprietary interests declared by the court are other than what the court has determined them to be.
Review versus Fresh Suit — Proper Remedy for Non-Party Aggrieved by Judgment
A third party not privy to original proceedings who considers themselves aggrieved by a judgment ought to apply for review under section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules, not file a fresh suit. Filing a fresh suit in such circumstances amounts to abuse of court process.
Kibanja Interests — Validity of Transaction Without Landowner Consent
Under sections 35(1), (3) and (9) of the Land Act Cap 236, no transaction shall be valid and effective to pass any kibanja interest in land if undertaken without the consent of the owner of the land.
Knowledge of Prior Judgment — Effect on Abuse of Process Finding
Where a plaintiff had actual knowledge of a prior judgment through pleadings in related proceedings filed in the same year as the present suit, the plaintiff cannot claim ignorance of that judgment to avoid a finding of abuse of court process.

Legislation cited (9)

Cases cited (8)

  • H/C Civil Appeal No. 118 of 2011
  • Civil Suit No. 204 of 2009 in the Chief Magistrate's Court of Nakawa
  • Civil Appeal No. 122 of 2015
  • Misc. Applic. No. 193 of 2015
  • Misc. Applic. No. 29 of 2019
  • Springs International Hotel Ltd v Hotel Diplomate Ltd and Another (Civil Suit No. 227 of 2011)
  • Rose Atugonza v Hajji Ntege Nugu (Miscellaneous Application No. 524 of 2020)
  • Saroji Gandesha v Trans Road Ltd (Supreme Court Civil Appeal No. 13 of 2009)

Full judgment

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

Moses_Ssali_v_Nabulime_Jane_Kayizzi_and_4_Others_(HCCS._NO._0018_OF_2019)_[2026]_UGHCLD_69_(31_March_2026)
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.