Land

Magumba v Iganga Municipal Council & Anor (HCCS NO. 24 OF 2009) [2018] UGHCLD 77 (22 June 2018);

Flynote: 

Search Summary: 

In this case, the plaintiff, administrator of the estate of the deceased, sued the defendants in trespass. He claimed for mesne profits, general damages in respect of an interest in the suit land and compensation equivalent to the market value of the suit land.

 

Counsel for the first defendant argued that the suit was time barred, that it should be struck out, and that the plaintiff had no cause of action against the first defendant.

Headnote and Holding: 

The court found that the deceased had lost possession of the land in 1956 to the Colonial Government, and he could not even be in constructive possession. Thus the plaintiff could not bring up a suit in trespass in 1977, 12 years after the cause of action arose.

 

On whether the plaint disclosed a cause of action, court found that the first defendant was a mere licensee but not owner with no interest in the land. Further, it did not sufficiently raise a cause of action against the second defendant as well.

 

The court therefore dismissed the suit against the defendants.

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