Wakilii

Mugambe Abdul v The Attorney General and Others (Civil Suit No.368 of 2015)

High Court · [2023] UGHCLD 508 · 2023 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for compensation following compulsory land acquisition by government
Decision
Suit dismissed as barred by limitation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed a claim for compensation for land compulsorily acquired by government in 1989, holding that the suit filed in 2015 was barred by the six-year limitation period under the Limitation Act s.3(1)(a). The plaintiff failed to plead grounds for exemption from limitation in the plaint as required by Civil Procedure Rules Order 7 Rule 6, and the claim that the plaintiff was a minor at the time of acquisition did not constitute a valid disability under s.21 of the Limitation Act.

Outcome

Suit dismissed as barred by limitation

Facts

The plaintiff, as administrator of the estate of late Mpiima John, sued the defendants seeking compensation for land comprised in Kyadondo Block 244 Plot 149 at Kisugu. The land was compulsorily acquired by government in 1989 and registered in the name of the 2nd defendant (Uganda Land Commission) in 1990. The plaintiff claimed his late father was never compensated for the acquisition. The suit was filed in 2015, twenty-six years after the acquisition. The defendants contended that the plaint disclosed no cause of action, was barred by limitation, and that payment had been made to the plaintiff's late father prior to acquisition. The plaintiff claimed he was a minor at the time and could not sue.

Issues

  1. Whether the plaintiff has a cause of action against the defendant.
  2. Whether the plaintiff's suit is barred by limitation.
  3. Whether the plaintiff is entitled to compensation from the defendant.
  4. What remedies are available to the parties?

Orders

  • The suit is dismissed.
  • Costs awarded to the 1st defendant.

Rules and key headnotes

Limitation — Pleading Grounds for Exemption — Rejection of Plaint
Where a suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint must show the grounds upon which exemption from such law is claimed, and if no grounds of exemption are shown in the plaint, the plaint must be rejected.
Limitation — Disability — Pleading Requirements
A disability under s.21 of the Limitation Act must be specifically pleaded in the plaint with clear grounds showing why the plaintiff should be exempted from the law of limitation, and a mere claim that the plaintiff was a minor at the time of the cause of action does not constitute a valid disability where there is nothing in law preventing a minor from instituting a suit through proper representation.
Compulsory Acquisition — Compensation Claims — Limitation Period
An action for compensation arising from compulsory land acquisition is subject to the six-year limitation period under s.3(1)(a) of the Limitation Act, and a claim filed twenty-six years after the acquisition will be barred by limitation unless valid grounds for exemption are pleaded.

Legislation cited (4)

Cases cited (3)

  • Iga v Makerere University [1972] EA 65
  • Siyokwe Mirome v Kuko and Another [1985] HCB 68
  • Uganda Railways Corporation v Ekwaro DO and 54 Others (CA MA No. 185 of 2007)

Full judgment

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

Mugambe_Abdul_v_The_Attorney_General_and_Others_(Civil_Suit_No.368_of_2015)_[2023]_UGHCLD_508_(8_June_2023)
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.