Wakilii

Turyakira and Another v Attorney General (HCT-01-CV-CS 16 of 2023)

High Court · [2024] UGHC 751 · 2024 Suit Struck Out — Barred by Limitation AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for unpaid pension and gratuity dismissed on preliminary point of law concerning limitation
Decision
Suit struck out as barred by limitation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that actions in tort or contract against government are governed by the Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap.72, which prescribes limitation periods of 2 years for tort and 3 years for contract, not the 6-year period under the Limitation Act s.3(1)(d). The claim for unpaid pension and gratuity accrued at the death of the former soldier in 1987. The suit filed in 2023 was barred by limitation, being filed 36 years after the cause of action arose and 8 years after letters of administration were obtained. Suit struck out with no order as to costs.

Outcome

Suit struck out as barred by limitation

Facts

The plaintiffs, administrators of the estate of the late Agaba Micheal, claimed unpaid pension and gratuity totalling UGX 120,000,000. The deceased was allegedly a member of the Uganda Peoples Defence Forces (No. RA/16619) who died in service on 16 November 1987. Letters of administration were obtained in May 2015 from Kamwenge Chief Magistrate's Court. The suit was filed on 6 April 2023. The defendant denied the claim and raised a preliminary point of law that the suit was barred by limitation. Counsel for plaintiffs did not file written submissions in response to the preliminary point.

Issues

  1. Whether the plaintiff has locus to file the claim at hand.
  2. Whether the plaint discloses a cause of action against the defendant.
  3. Whether the suit is premature before this Court.
  4. Whether or not the plaintiffs' suit is barred by limitation.

Orders

  • Suit struck out as barred by limitation.
  • No order as to costs.

Rules and key headnotes

Limitation — Actions Against Government — Applicable Statute
Actions founded on tort or contract against government or local authorities are governed by the Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap.72, not the Limitation Act. Section 3(1)(d) of the Limitation Act does not apply to claims under tort or contract against Government or Local Governments.
Limitation — Actions Against Government — Time Limits
Under the Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap.72 s.3, actions in tort against government must be commenced within 2 years from the date the cause of action arose, and actions in contract must be commenced within 3 years from the date the cause of action arose.
Terminal Benefits — Accrual of Cause of Action
A claim to recover terminal benefits of a deceased employee accrues from the date of death. Time for bringing the action starts to run from that date unless an exception under the Act is pleaded and established.
Limitation — Disability Exception — Pleading Requirement
Where a party seeks to rely on the exception for disability under the Civil Procedure and Limitation (Miscellaneous Provisions) Act s.5, such disability must be specifically pleaded. It must be demonstrated that the disability prevented the party from accessing court.

Legislation cited (4)

  • Limitation Act s.3(1)(d)
  • Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap.72 s.3
  • Civil Procedure and Limitation (Miscellaneous Provisions) Act Cap.72 s.5
  • UPDF Act

Cases cited (3)

  • Kensi Johnson v Kezekiya Biryabarema and Another (HCCS No. 0035 of 2019)
  • Iga v Makerere University (1972) E.A 65
  • Nyeko Smith and 2 Others v Attorney General (SCCA No. 01 of 2016)

Full judgment

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

Turyakira and Another v Attorney General (HCT-01-CV-CS 16 of 2023) [2024] UGHC 751 (16 August 2024)
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.