Limitation Period

Mangeni v Departed Asians Property Custodian Board (CIVIL APPEAL NO: 13 OF 1995 ) [1998] UGSC 26 (22 January 1998);


Search Summary: 

This was an appeal from the ruling and orders of the High Court where the appellant’s suit had been dismissed because it was time barred. The appeal was based on ground that the trail judge erred in law when he dismissed the suit, thereby holding that the suit filed in 1998 was time barred.


Headnote and Holding: 

It was found that the appellant was disabled having been detained up to 1990, and that the cause of action arose in 1993, after the respondent had failed to deliver his goods. Further, it was found that the appellant from that period of 06 January 1993 was not under disability so as to extend the period within which he should have filed the action.


Therefore, it was found that the trail judge erred not in holding that the suit was filed out of time. Thus, this appeal failed, and was accordingly dismissed with costs to the respondent.


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