Wakilii

Nakyeyune Rehema and Another v Kamukamu Rose and Others (Civil Suit 62 of 2021)

High Court · [2025] UGHC 651 · 2025 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objection that plaint discloses no cause of action
Decision
Matter to proceed to hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed a preliminary objection that the plaint disclosed no cause of action. The court held that where a plaint shows the plaintiff enjoyed a right, that right was violated, and the defendant is liable, a cause of action is disclosed. Despite lacking proper drafting niceties, the plaintiffs' plaint sufficiently alleged they held rights in a kibanja which the defendants infringed by trespass and illegal possession. The objection was not sustained and the suit was ordered to proceed on its merits.

Outcome

Matter to proceed to hearing on merits

Facts

The plaintiffs claimed they were the biological daughter and grandson of Idi Bagaggawala, to whom a kibanja was donated in the 1940s. They alleged that the defendants were attempting to grab the suit kibanja by halting developments and planting seasonal crops, bananas, and coffee on the land. The plaintiffs contended this amounted to trespass, illegal possession, and land grabbing, denying them effective use of the kibanja and causing them anguish and pecuniary loss. The defendants raised a preliminary objection that the plaint disclosed no cause of action.

Issues

  1. Whether the plaint discloses a reasonable cause of action against the defendants.

Orders

  • Preliminary objection not sustained.
  • Civil Suit No. 62 of 2021 shall be heard on its merits.

Rules and key headnotes

Civil Procedure — Pleadings — Cause of Action — Test for Disclosure
A plaint discloses a cause of action where it shows that the plaintiff enjoyed a right, that the right has been violated, and that the defendant is liable for the violation.
Civil Procedure — Preliminary Objections — Determination on Face of Plaint
When determining whether a plaint discloses a cause of action, the court must consider only the plaint and any annexures without going into the merits of the suit.
Civil Procedure — Pleadings — Defects in Drafting — Effect on Cause of Action
A plaint that lacks proper drafting niceties but is indicative of a reasonable and substantive dispute discloses a cause of action and should proceed to hearing on merits.

Legislation cited (2)

Cases cited (6)

  • Letang v Cooper [1965] 1 QB 232
  • Cooke v Gill (1873) LR 8 CP 107
  • Tororo Cement Co. Ltd v Frokina International Ltd (Supreme Court Civil Appeal No. 2 of 2001)
  • Auto Garage & Another v Motokov (No.3) (1971) EA 514
  • Serugo v Kampala City Council & Another (Supreme Court Constitutional Appeal No. 2 of 1998)
  • Baku Raphael Obudra and Others v The Attorney General (Supreme Court Constitutional Appeal No. 1 of 2003)

Full judgment

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

Nakyeyune Rehema and Another v Kamukamu Rose and Others (Civil Suit 62 of 2021) [2025] UGHC 651 (26 June 2025)
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.