Wakilii

Wuma and 2 Others v Uganda Railways Corporation (Civil Suit 915 of 2017)

High Court · [2023] UGHCLD 428 · 2023 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of right to purchase and injunction against eviction
Decision
Suit dismissed; no relief granted to plaintiffs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiffs had no cause of action against the defendant. The 1st Plaintiff's claim was res judicata as he had lost an earlier case on the same property. The defendant was not responsible for implementing the Government policy on sale of non-core assets to sitting tenants under the Public Enterprises Reform and Divestiture Act — that mandate lay with the Privatization Unit under the Ministry of Finance. The defendant had no legal obligation to offer the plaintiffs the opportunity to purchase the properties. Suit dismissed with costs.

Outcome

Suit dismissed; no relief granted to plaintiffs

Facts

The plaintiffs, former employees of Uganda Railways Corporation, occupied houses on Plot 61B Ismail Road, Mbuya. They claimed entitlement to first option to purchase under a government privatisation policy for sitting tenants. The defendant served eviction notices dated 15 November 2017. The plaintiffs alleged breach of an implied contract or policy entitling them to purchase. The defendant argued it had no mandate to sell; that power lay with the Privatization Unit under the Ministry of Finance. The 1st Plaintiff had already lost Civil Suit No. 147 of 2011 concerning the same property. The defendant contended the 1st and 2nd Plaintiffs were in rent arrears and the 3rd Plaintiff had never been formally allocated the premises.

Issues

  1. Whether the 3rd Plaintiff is a former employee of the defendant.
  2. Whether the Plaintiffs have a cause of action against the defendant.
  3. Whether the suit is misconceived, vexatious and frivolous.
  4. Whether the Plaintiffs are sitting tenants of the defendant.
  5. Whether there exists a government policy giving the Plaintiffs the first right of refusal in respect of the suit houses they occupy.
  6. If so, whether the eviction notices have the effect of unfairly and/or wrongfully denying the Plaintiffs of the said right.

Orders

  • The 1st Plaintiff's case dismissed with costs as his matter was res judicata.
  • The preliminary objection upheld.
  • The Plaintiffs have no cause of action against the defendant.
  • Suit dismissed with costs to the defendant.

Rules and key headnotes

Cause of Action — Test for Determining Whether Plaint Discloses Cause of Action
In determining whether a plaint discloses a cause of action, the court must look only at the plaint and its annexures and assume the facts alleged therein are true. A cause of action means every fact which, if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the court.
Res Judicata — Plaintiffs Cannot Resurrect Matters Already Decided
Where a matter concerning the same property and parties has already been determined by a court of competent jurisdiction, that decision seals the fate of the plaintiff unless a contrary decision is made by a higher court or the decision is set aside or stayed. The matter is res judicata and cannot be resurrected in a subsequent case.
Public Enterprises — Authority to Implement Divestiture Policy Vests in Statutory Committee
Under the Public Enterprises Reform and Divestiture Act Cap 98 section 5(1), the Committee established under the Act is responsible for implementing Government policy on reform and divestiture of public enterprises. A public enterprise has no capacity in its own right to offer to sell its non-core assets to sitting tenants; that mandate lies with the Privatization Unit under the Ministry of Finance.
Public Enterprises — Primacy of PERD Act Over Other Enactments
Section 41(1) of the Public Enterprises Reform and Divestiture Act provides that anything duly done under the authority of that Act for the purpose of giving effect to Government policy on reform and divestiture of public enterprises shall have effect notwithstanding any other enactment, and where any provision of any enactment conflicts with the Act, the latter shall prevail.

Legislation cited (4)

Cases cited (9)

  • General Parts (U) Ltd v Middle North Agencies Ltd and Another (Civil Suit No. 610 of 2013)
  • Winbeck v Maloney [1965] 2 All ER 871
  • Attorney General v Olwoch [1972] 1 EA 392
  • Jeraj Shariff & Co v Chetai Fancy Stores [1960] 1 EA 374
  • Auto Garage v Moto Kov (No. 3) [1971] EA 514
  • Attorney General v David Tinyefuza (Constitutional Appeal No. 1 of 1997)
  • Pragul Chundra Patel v Abbas Manafwa and 3 Others (Civil Appeal No. 13 of 2015)
  • Kapeka Coffee Works Ltd v NPART (Civil Appeal No. 3 of 2000)
  • Samuel Wuma v Uganda Railways Corporation (Civil Suit No. 147 of 2011)

Full judgment

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

Wuma_and_2_Others_v_Uganda_Railways_Corporation_(Civil_Suit_915_of_2017)_[2023]_UGHCLD_428_(13_October_2023)
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.