Court name
High Court of Uganda
Judgment date
30 June 2010

Kwetegyeka v Kashokye (HCT-05-CV-MA-2001/50) [2010] UGHC 189 (30 June 2010);

Cite this case
[2010] UGHC 189
Short summary:

Civil Procedure

THE REPUBLIC OF UGANDA

 IN THE HIGH COURT OF UGANDA AT MBARARA

HCT-05-CV-M A-050-2001

BENON KWETEGYEKA........................................... APPLICANT

VS

KASHOKYE............................................................. RESPONDENT

BEFORE: THE HON. MR. JUSTICE LAWRENCE GIDUDU

RULING

This application was filed in June 2001 under the then Sections 84 and101of CPA and the then Order 48 rule 1 CPR.

It first appeared in court in January 2004 and was adjourned several times for various reasons until October 2009 when I directed that written submissions be filed.

True, both counsel filed written submissions and the clerk shelved the file without bringing it to my attention to write a Ruling. It was not until recently when I was going on my official leave that I took audit of pending judgments that I saw this file.

This briefly explains the delay in disposing of this matter.

Any how, the gist of this application is that the LC1 Court exercised jurisdiction it did not have when it decreed the land in dispute to the present Respondent who was the Plaintiff at the trial.

The background as gathered from the translated proceeding of the LC1 Court of Rugarama, Bubaare, Kashari is that the Respondent sued the Applicant in the LC 1 Court for trespass to his land. He justified his claim before the LC Court that on 16/6/99, he lent the Applicant 14,000,000/= and the Applicant guaranteed payment by offering one of his bibanja at Kiogo. The money was to be repaid on 16/6/2000. The Applicant failed to repay the money and the Respondent enforced the guarantee by taking the land. It was Mr.