Namayaza v Bajenja (Civil Appeal 12 of 1998)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that the suit was not res judicata because the appellant derived a fresh interest in the disputed land from the Omukama of Toro following the enactment of the Cultural and Traditional Leaders (Return of Properties) Statute 1995. The changed legal status of the land raised new issues not adjudicated in previous litigation, including whether the appellant's status as allocatee gave her independent standing to sue. Appeal allowed, case remitted for trial on merits.
Outcome
Matter remitted to Chief Magistrate for trial on merits
Facts
The appellant sued the respondent seeking general damages, mesne profits, eviction order, interest and costs concerning a plot in Fort Portal Municipality that had been the subject of protracted litigation between the Kavuma and Kironde families. The respondent had been a tenant on the land for a long period. The appellant claimed an interest in the land as Administrator of the Estate of the late Yosamu Tabula Kironde and as allocatee from the Omukama of Toro following the return of properties under the Cultural and Traditional Leaders (Return of Properties) Statute 1995. The Chief Magistrate struck off the suit on grounds of res judicata, finding it barred by earlier proceedings including Civil Suit No. 117 of 1995 in which Lady Justice Byamugisha held that Kironde's successors had no proprietary interest following the earlier decision in favour of Charles Kavuma. The respondent, as tenant, had been caught up in the dispute between the two families.
Issues
- Whether the doctrine of res judicata applied to bar the appellant's suit
- Whether the appellant had an independent cause of action distinct from previous litigation involving the estate of Yosamu Tabula Kironde
- Whether the changed status of the land under the Cultural and Traditional Leaders (Return of Properties) Statute 1995 gave the appellant a fresh cause of action
Orders
- Appeal allowed.
- Case remitted for trial on merits.
- Costs in this appeal shall be in the cause.
Rules and key headnotes
Legislation cited (2)
- Civil Procedure Act s.7
- Cultural and Traditional Leaders (Return of Properties) Statute 1995
Cases cited (4)
- Civil Suit No. 117 of 1995
- Civil Appeal No. 10 of 1965
- Civil Suit No. 3 of 1968
- Civil Suit No. 118 of 1964
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.