Res Judicata

Allen Nsibirwa V National Water & Sewerage Cooperation (Civil Suit No. 220 of 1995) ((Civil Suit No. 220 of 1995)) [1995] UGHC 6 (19 November 1995);


Search Summary: 

At the hearing, the defendant raised a preliminary objection that the suit was res judicata and the suit was time barred.

Headnote and Holding: 

The court considered whether the suit was time barred and If it was time barred whether the Plaintiff was entitled to invoke the provision of section 4 of Act 20 of 1969. Was she acting under disability? The court held that a dismissal of a suit on preliminary point not based on merits does not give rise to application of the doctrine of res judicata. The ground for the disability was therefore protracted negotiation of a settlement out of court.


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