Wakilii

Nyanzi (As Administratrix of the estate of the late Semei Nyanzi) v Attorney General of Uganda (Civil Suit No. 524 of 2015)

High Court · [2022] UGHCLD 166 · 2022 Suit Dismissed — Time Barred AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of land and/or compensation; ruling on preliminary objections
Decision
Suit dismissed as time barred

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court admitted the plaintiff's late written submissions and the 1st defendant's Written Statement of Defence filed two days late, exercising discretion under section 33 of the Judicature Act to extend time. However, the court held that the suit was time barred under sections 3(1)(d) and 5 of the Limitation Act, as the cause of action arose in 1984 when the government compulsorily acquired the land, but the suit was filed 31 years later in 2015. The suit was dismissed under Order 7 rule 11 of the Civil Procedure Rules.

Outcome

Suit dismissed as time barred

Facts

The plaintiff, as administratrix of the estate of the late Semei Nyanzi, brought suit seeking recovery of land and/or compensation for land comprised in Leasehold Register Volume 112, Folio 21, Plot 19, Akii-Bua Road, Kampala. The land was compulsorily acquired by the Government in 1984 under Statutory Instrument No. 22 of 1984, issued under the Land Acquisition Act. At the time of acquisition, the late Semei Nyanzi was living in exile in the United Kingdom, where he died. The plaintiff filed the suit on 19 October 2015, 31 years after the compulsory acquisition. The 1st defendant filed its Written Statement of Defence two days late. Both parties raised preliminary objections on points of law.

Issues

  1. Whether the plaintiff's written submissions filed late should be admitted.
  2. Whether the 1st defendant's Written Statement of Defence filed two days out of time should be struck out as incompetent.
  3. Whether the suit is time barred under the Limitation Act.

Orders

  • The plaintiff's late written submissions are admitted.
  • The period within which the 1st defendant's Written Statement of Defence was filed is deemed to have been extended.
  • The 1st defendant's Written Statement of Defence is admitted on the court record.
  • The preliminary objection raised by the plaintiff on the late filing of the 1st defendant's Written Statement of Defence is dismissed.
  • The preliminary objection raised by the 1st defendant that the suit is time barred succeeds.
  • This suit is dismissed under Order 7 rule 11 of the Civil Procedure Rules for being time barred.
  • Each party shall bear its own costs of the suit.

Rules and key headnotes

Civil Procedure — Preliminary Objections — Late Filing of Pleadings — Court's Discretion to Extend Time
A court has discretionary power under section 33 of the Judicature Act, section 96 of the Civil Procedure Act, and Order 51 rule 6 of the Civil Procedure Rules to extend time for filing pleadings where the delay is minimal and the party has shown a keen interest in being heard, particularly where no prejudice to the other party is demonstrated.
Civil Procedure — Limitation — Time Bar — Determination from Plaint
In determining whether a suit is time barred, the court must look only at the plaint and its annexures, and nowhere else. A plaint that is barred by the Statute of Limitation must be rejected irrespective of the merits of the case.
Land & Property — Compulsory Acquisition — Limitation Period — Accrual of Cause of Action
Where land is compulsorily acquired by government under statutory instrument, the cause of action for compensation and/or recovery of land accrues on the date of the compulsory acquisition, and the limitation period under sections 3(1)(d) and 5 of the Limitation Act begins to run from that date.
Civil Procedure — Limitation — Suit for Recovery of Land — Twelve Year Period
Under section 5 of the Limitation Act, no action shall be brought to recover land after the expiration of twelve years from the date on which the right of action accrued. A suit filed 31 years after compulsory acquisition is time barred and must be dismissed under Order 7 rule 11 of the Civil Procedure Rules.

Legislation cited (8)

Cases cited (11)

  • Uganda Revenue Authority v Uganda Consolidated Properties Ltd (Court of Appeal Civil Appeal No. 31 of 2000)
  • Sengendo v Attorney General [1972] EA 140
  • Kulagira Geoffrey v Links Mineral Resources Ltd (High Court Civil Suit No. 621 of 2014)
  • Gold View Inn (U) Ltd v Barclays Bank (U) Ltd (High Court Civil Suit No. 358 of 2009)
  • Kahwa James and Another v Kabodi Daniel (High Court Miscellaneous Application No. 101 of 2019)
  • Dima Dominic Poro v Inyani Godfrey (Civil Appeal No. 17 of 2016)
  • Fred Kiithusi Kula and Another v Housing Finance Company Ltd [2021] EKLR
  • Rajesh Kumar v Mahmood Somani (High Court Commercial Division Miscellaneous Cause No. 62 of 2018)
  • Nyeko Smith and Others v Attorney General (Supreme Court Civil Appeal No. 1 of 2016)
  • Bernard Tumuhimbise and 3 Others v Attorney General and Another (High Court Civil Suit No. 778 of 2013)
  • Birkett v James [1977] 2 All ER 801

Full judgment

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

Nyanzi_(As_Administratrix_of_the_estate_of_the_late_Semei_Nyanzi)_v_Attorney_General_of_Uganda_(Civil_Suit_No._524_of_2015)_[2022]_UGHCLD_166_(2_September_2022)
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.