Wakilii

Nabende & 11 Ors v Islamic University in Uganda (CIVIL SUIT NO. 33 OF)

High Court · [1993] UGHCCD 12 · 1993 Preliminary Objection Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection by defendant that plaint does not disclose a cause of action
Decision
Defendant found to be wrong party in respect of statutory compensation obligation, but suit to proceed on factual issues concerning destruction of property

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the defendant as beneficiary of public land had no statutory duty to compensate customary tenants. Under the Public Lands Act 1969 and Land Reform Regulation 1976, the Controlling Authority (Mbale Municipal Council) was statutorily obligated to pay compensation to occupiers when public land was resumed. The defendant was therefore a wrong party to the suit to that extent. However, the preliminary objection was raised improperly after multiple adjournments and settlement attempts, suggesting delaying tactics. Issues of fact remained concerning the defendant's alleged destruction of crops and developments during occupation.

Outcome

Defendant found to be wrong party in respect of statutory compensation obligation, but suit to proceed on factual issues concerning destruction of property

Facts

The plaintiffs were customary tenants of land controlled by Mbale Municipal Council. The defendant Islamic University sought to acquire the land. During settlement negotiations, the defendant undertook to urge the Uganda Government to pay 30 million shillings compensation and to revalue the property. By January 1993, the promised government payment had not materialised. The defendant first sought to join the Attorney General as second defendant, then abandoned that application and instead raised a preliminary objection that the plaint disclosed no cause of action. The defendant argued that as a beneficiary of public land, it had no statutory obligation to compensate the plaintiffs—that duty rested with the Controlling Authority (Mbale Municipal Council) under the Public Lands Act and Land Reform Regulation. The plaintiffs alleged the defendant had taken occupation, destroyed crops and developments valued at over 72 million shillings, and relied on correspondence showing the defendant's willingness to facilitate compensation.

Issues

  1. Whether the plaint disclosed a cause of action against the defendant.
  2. Whether the defendant was the proper party to pay compensation to the plaintiffs as customary tenants.
  3. Whether a preliminary objection raised after multiple adjournments and attempted settlement should be entertained.

Orders

  • Preliminary objection dismissed.
  • Suit to proceed on issues of fact.
  • Costs in the cause.

Rules and key headnotes

Public Lands — Compensation for Resumption — Duty of Controlling Authority
Under the Public Lands Act 1969 and Land Reform Regulation 1976 rule 9, where a Controlling Authority resumes public land occupied by customary tenants, the statutory duty to pay compensation rests with the Controlling Authority and does not shift to a beneficiary to whom the land is granted.
Preliminary Objections — Timing and Propriety
A party who seeks adjournment for out-of-court settlement, then applies to join another party, abandons that application without explanation, and only thereafter raises a preliminary objection on a point of law, may be found to be employing delaying tactics or sharp practice.
Preliminary Objections — Relationship with Issues of Fact
Where a preliminary objection on a point of law is raised under Order 7 rules 1(a) and 12 CPR but the plaint also raises issues of fact (such as alleged destruction of property by the defendant), those factual issues must proceed to trial even where the defendant is found to be a wrong party in respect of the legal claim for statutory compensation.

Legislation cited (14)

  • Public Lands Act 1969 s.1
  • Public Lands Act 1969 s.8
  • Public Lands Act 1969 s.17
  • Public Lands Act 1969 s.51
  • Public Lands Act 1969 s.54
  • Land Reform Decree 1975 s.1
  • Land Reform Regulation 1976 r.9
  • Public Lands Compensation for Resumption Act 1965 s.1
  • Public Lands Compensation for Resumption Act 1965 s.1(1)
  • Survey Act Cap. 209 s.23(1)(b)
  • Civil Procedure Rules O.1 r.13
  • Civil Procedure Rules O.7 r.1(a)
  • Civil Procedure Rules O.7 r.12
  • Civil Procedure Rules O.13 r.2

Full judgment

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

Nabende & 11 Ors v Islamic University in Uganda (CIVIL SUIT NO. 33 OF) [1993] UGHCCD 12 (18 June 1993)
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.