Nantumbwe Kizito and Others v Miriam Kuteesa (Civil Appeal No. 163 of 2015)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The parties settled a civil appeal arising from High Court Civil Suit No. 95 of 2009, which had decreed that land comprised in Kibuga Block 28 Plot 540 at Makerere formed part of the estate of the late Musa Muganzi Kalanzi administered by Miriam Kuteesa. By consent, the appeal was disposed of on terms that the respondent judgment creditor be paid UGX 750,000,000 in lieu of the land, in full satisfaction of the decree and all estate claims, and that the respondent bind herself not to enforce the earlier judgment. The court entered a consent judgment and decree in those terms.

Outcome

Appeal disposed of by consent judgment; dispute settled on payment of UGX 750,000,000 to the respondent

Facts

The High Court in Civil Suit No. 95 of 2009 decreed that land comprised in and known as Kibuga Block 28 Plot 540 at Makerere formed part of the estate of the late Musa Muganzi Kalanzi, administered by the respondent Miriam Kuteesa. The appellants, who had developments on the land, were interested in retaining it. They appealed. The parties entered into an agreement to satisfy the judgment and decree, under which the judgment creditor would be paid UGX 750,000,000 in lieu of the land, settling all claims of the beneficiaries and claimants to the estate. The agreement provided that the sum covered all expenses including costs and finally satisfied the decree, with no further claims to be raised. The appeal was brought before the Court of Appeal for final disposal, where a consent judgment and decree were entered recording the settlement.

Orders

• The appeal is settled by consent in the agreed terms.
• The respondent binds herself not to enforce the judgment and decree in High Court Civil Suit No. 95 of 2009.
• The entire dispute is settled as per the agreement attached as appendix 'A'.
• The judgment creditor to be paid UGX 750,000,000 in lieu of the land in satisfaction of the decree.
• The sum paid caters for all expenses including costs of the suit.

Cases citing this judgment (3)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Ssekubwa v Commissioner Land Registration & Ors (Misc. Application No. 223 of 2019)
• Mariam Kuteesa v Nantumbwe Kizito and Others (Civil Reference No. 85 Of 2020)
• Continental Air Solutions and Another v Commissioner for Land Registration and 6 Others (Miscellaneous Application 76 of 2020)

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