Limitation Period

Mugweri Vs Seruwagi (CIVIL APPEAL NO. 058 OF 2007 ) [2015] UGHCCD 142 (10 April 2015);


Search Summary: 

In this case, the appellants sought to challenge the decision of the trail magistrate where she gave judgment in favor of the plaintiff and ordered for vacant possession of the suit land.


Counsel for the appellant submitted that the appellant had been on the land since 1988, over 15 years before the respondent surfaced. And that the matter had been time barred.

On the other hand, counsel for the respondent submitted that the case was one of trespass, a continuing tort which could not be affected by the Limitation Act.


Headnote and Holding: 

The court in agreement with the respondent found that the suit had been brought in trespass and that a limitation could not apply in case of a continuing tort.

Further on the issue of evidence, it was submitted that the inconsistencies in the appellant’s case were irreconcilable. And that the appellant did not know the size of the suit land.


The court found that the respondent was entitled to the suit land, the appellant’s husband having trespassed on it.

The appeal was accordingly dismissed.


The judgment of the lower court and orders were upheld.


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