Wakilii

Wamalwa Robert and Others v Kibimba Limited (formerly Tilda (U) Ltd) (Civil Suit No. 116 of 2023)

High Court · [2025] UGHC 1495 · 2025 Preliminary Objection Upheld — Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objection to civil suit for compensation arising from alleged flooding damage
Decision
Suit dismissed as time barred

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court upheld a preliminary objection and dismissed the suit as time barred. The plaintiffs claimed compensation for land flooded by the defendant's dam constructed in 2014-2015. The court held that the cause of action arose when the flooding occurred in 2015, and the suit filed in 2023 was eight years late. Section 3 of the Limitation Act requires tort actions to be brought within six years. Engagements for settlement do not extend the limitation period.

Outcome

Suit dismissed as time barred

Facts

Between 2014 and 2015, the defendant company constructed a dam along the boundary of land belonging to the plaintiffs at Hasebere village, Namayingo district. The dam obstructed natural water flow and subsequently flooded, submerging approximately 48.92 acres of the plaintiffs' land and destroying their crops. A crop damage evaluation was conducted by the District Agricultural Officer on 6 July 2015, and the plaintiffs were compensated for damaged crops. A survey was conducted by the District staff surveyor in 2016. The plaintiffs issued a notice of intention to sue on 30 June 2017 but did not file suit at that time. After continued engagements failed, the plaintiffs issued another notice on 4 August 2023 and filed suit in 2023, seeking UGX 200,000,000 in special damages for loss of land use, general damages, and costs.

Issues

  1. Whether the suit is statute barred by the law of limitation.
  2. What remedies are available to the parties.

Orders

  • Preliminary objection upheld.
  • Civil Suit No. 116 of 2023 dismissed for being time barred.
  • Costs awarded to the defendant.

Rules and key headnotes

Limitation of Actions — Tort — Accrual of Cause of Action
Under section 3 of the Limitation Act, an action founded on tort must be brought within six years from the date on which the cause of action arose. The cause of action in a tort claim for flooding damage arises when the flooding occurs and the damage is sustained, not when subsequent negotiations for settlement fail or when compensation is refused.
Limitation of Actions — Effect of Settlement Negotiations
Engagements between parties for a possible settlement prior to filing suit do not extend the time computed under the Limitation Act. There is no statutory provision allowing negotiations to suspend or extend the limitation period.
Limitation of Actions — Once Statute Barred, Always Statute Barred
The principle underlying the law on limitation is that once a suit is statute barred, any subsequent developments cannot revive it. Once the limitation period has expired, the court has no power to hear the action.
Preliminary Objections — Determination on Pleadings Alone
When considering a preliminary objection on limitation, the court looks at the pleadings only. Factual assertions made by counsel from the bar that are not contained in the plaint cannot be considered.

Legislation cited (2)

Cases cited (1)

  • FX Miramago v Attorney General [1979] HCB 24

Full judgment

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

Wamalwa Robert and Others v Kibimba Limited (formerly Tilda (U) Ltd) (Civil Suit No. 116 of 2023) [2025] UGHC 1495 (5 November 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.