Wakilii

Musiime v Uganda Electricity Transmission Company Ltd (Civil Suit No. 581 of 2012)

High Court · [2015] UGCOMMC 31 · 2015 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objection challenging whether the plaint discloses a cause of action
Decision
Preliminary objection dismissed; matter to proceed to full hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court overruled the preliminary objection, holding that the plaintiff was not suing on the basis of ownership of the certificate of title but for breach of an oral contract regarding delivery of the certificate. The plaintiff had locus standi to sue for breach of contract, and Order 7 Rule 11 was inapplicable. The matter was ordered to proceed to full hearing.

Outcome

Preliminary objection dismissed; matter to proceed to full hearing

Facts

The plaintiff claimed general damages for breach of contract and detinue/unlawful detention of a certificate of title for land comprised in Sheema Block 1 Plot 156. The plaintiff alleged he entered into an oral contract with the defendant whereby he surrendered the owner's copy of the certificate of title for purposes of subdivision and compensation. The defendant failed to return the certificate to enable re-demarcation and subdivision. The certificate of title was registered in the name of Abel Muhereza, not the plaintiff. The defendant raised a preliminary objection arguing the plaint disclosed no cause of action because the plaintiff was not the registered proprietor and had no locus standi under section 59 of the Registration of Titles Act.

Issues

  1. Whether the plaint discloses a cause of action against the defendant under Order 7 Rule 11 of the Civil Procedure Rules.
  2. Whether the plaintiff has locus standi to bring the suit given that the certificate of title is registered in another person's name.
  3. Whether a power of attorney, if applicable, confers authority on the plaintiff to institute proceedings.

Orders

  • Preliminary objection overruled.
  • Costs of the preliminary objection to be in the cause.
  • Matter to proceed to full hearing as scheduled.

Rules and key headnotes

Civil Procedure — Preliminary Objections — Rejection of Plaint — Disclosure of Cause of Action
A plaint shall be rejected under Order 7 Rule 11 of the Civil Procedure Rules only where it fails to disclose a cause of action. In determining whether a plaint discloses a cause of action, the court examines the plaint and its attachments, assuming the facts pleaded or implied are true.
Contract Law — Breach of Contract — Locus Standi — Distinction from Land Recovery Claims
A plaintiff suing for breach of contract concerning the delivery of a certificate of title has locus standi to bring such a claim even where the certificate is registered in another person's name. The plaintiff is not suing on the basis of ownership or recovery of land but on the basis of a contractual obligation, and section 59 of the Registration of Titles Act is inapplicable to such claims.
Civil Procedure — Preliminary Objections — Misreading of Pleadings — Nature of Claim
Where a preliminary objection is based on a misreading of the plaint, it will be overruled. The court must carefully examine the actual basis of the claim as pleaded, and not substitute a different interpretation. A plaintiff claiming breach of contract for failure to deliver a document is not thereby suing on the basis of that document.

Legislation cited (3)

Cases cited (7)

  • Auto Garage v Motokov [1971] EA 514
  • Ismail Serugo v Kampala City Council and the Attorney General (Constitutional Appeal No. 2 of 1998)
  • Attorney General v Oluoch [1972] EA 392
  • Sun Air Ltd v Nanam Transport Co. Ltd
  • Kajubi v Kayanja [1967] EA 301
  • Attorney General v Indorid & 25 Others (Court of Appeal Civil Appeal No. 4 of 2009)
  • Lt. Kabareebe v Major Nalweyiso (CACA No. 34 of 2003)

Full judgment

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

Musiime v Uganda Electricity Transmission Company Ltd (Civil Suit No. 581 of 2012) [2015] UGCommC 31 (10 February 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.