Wakilii

Nakaseero Market Sitting Vendors & Traders Ltd v Nakaseero Market Sitting Tenant (Namasite) Ltd (Miscellaneous Application No. 007 of 2015)

High Court · [2016] UGHC 15 · 2016 Application Granted — Suit Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Striking out application arising from civil suit and temporary injunction application
Decision
Main suit struck out and temporary injunction application dismissed as res judicata

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court struck out a suit and dismissed an injunction application on the ground of res judicata. A prior consent judgment in Miscellaneous Cause No. 32 of 2012 between the same parties concerning the same subject matter (the sublease of Nakaseero Market) had finally determined the issues. The doctrine of res judicata bars re-litigation of matters already decided by a competent court between the same parties. Consent judgments in rem concerning property status bind all persons.

Outcome

Main suit struck out and temporary injunction application dismissed as res judicata

Facts

Nakaseero Market Sitting Vendors & Traders Ltd applied to strike out Civil Suit No. 501 of 2015 and Miscellaneous Application No. 916 of 2015 filed by Nakaseero Market Sitting Tenant (Namasite) Ltd. The respondent claimed to represent 600 bona fide tenants, vendors, and traders of Nakaseero Market and challenged KCCA's grant of a sublease to the applicant to develop the market property (LRV 2802 Folio 22 Plot 7B and 4B Market Street). The respondent sought to set aside the sublease and obtain it for themselves, and filed an application for a temporary injunction. The applicant argued the suit was res judicata because a prior consent judgment in High Court Miscellaneous Cause No. 32 of 2012 had already determined the status of the same property and upheld the sublease offer to the applicant. The applicant also argued the suit was bad for want of a representative order under Order 1 r.8 CPR.

Issues

  1. Whether the suit discloses a cause of action.
  2. Whether Civil Suit No. 501 of 2015 is res judicata.
  3. Whether the suit is bad in law for want of a representative order.

Orders

  • Civil Suit No. 501 of 2015 is struck out with costs.
  • Miscellaneous Application No. 916 of 2015 is dismissed with costs.
  • Miscellaneous Application No. 007 of 2015 is allowed.

Rules and key headnotes

Civil Procedure — Res Judicata — Same Subject Matter Between Same Parties
A suit is res judicata where a former suit between the same parties concerning the same subject matter has been heard and finally decided by a court of competent jurisdiction, even if the determination was by consent judgment.
Civil Procedure — Res Judicata — Consent Judgments In Rem
A consent judgment in rem concerning the status of property is binding upon all persons and authorities and operates as a final determination against the whole world, rendering subsequent litigation over the same property by the same parties or their privies res judicata.
Civil Procedure — Res Judicata — Object and Scope of the Doctrine
The object of the doctrine of res judicata is to bar multiplicity of suits and guarantee finality in litigation by making conclusive a final judgment between the same parties or their privies on the same issue by a court of competent jurisdiction.

Legislation cited (7)

Cases cited (6)

  • Nakaseero Market Sitting Vendors and Traders Ltd v Kampala Capital City Authority (High Court Miscellaneous Cause No. 32 of 2012)
  • Karla & Others v Attorney General & Another [2005] EA 83
  • Kamunye & Others v Pioneer General Assurance Society Limited (1971) EA 263
  • Kangima v Rugoora (1982) HCB 33
  • Torlogan Singh v Jaspal Phagusa & Others (High Court Civil Suit No. 134 of 1996)
  • Lotta v Tanaki & Others [2003] 2 EA 556

Full judgment

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

Nakaseero Market Sitting Vendors & Traders Ltd v Nakaseero Market Sitting Tenant (Namasite) Ltd (Miscellaneous Application No. 007 of 2015) [2016] UGHC 15 (31 March 2016)
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.