[2025] UGHCLD 83
The court found that the sale agreement required payment of the balance within two weeks from 11th July 2018, making the deadline 25th July 2018. Since the application was filed nearly seven years later, it is barred by the statutory limitation period under Section 3(1)(a) of the Limitation Act. The applicant's...
Source-derived case information.
- Citation
- [2025] UGHCLD 83
- Parties
- Applicant: Kateregga Ronald; Respondent: Kaweke James; Respondent: Naiga Rebecca; Respondent: Nakanwagi Harriet; Respondent: Katende Derrick; Respondent: Jesse Maurice Kijjambu
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Cause 180 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- Kazaarwe, J
- Legal Topics
- Limitation Periods, Deposit of Purchase Price, Sale of Land Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kateregga Ronald
Applicant
Kaweke James
Respondent
Naiga Rebecca
Respondent
Nakanwagi Harriet
Respondent
Katende Derrick
Respondent
Jesse Maurice Kijjambu
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant can deposit the outstanding balance of the purchase price in court due to inability to locate the vendors.
- 2 Whether the application is barred by the Limitation Act.
Ratio Decidendi
The court found that the sale agreement required payment of the balance within two weeks from 11th July 2018, making the deadline 25th July 2018. Since the application was filed nearly seven years later, it is barred by the statutory limitation period under Section 3(1)(a) of the Limitation Act. The applicant's inability to locate the vendors does not extend or suspend the limitation period. The application is therefore dismissed as time-barred.
Court Disposition
application dismissed
Orders
- The application is dismissed as barred under the Limitation Act.
- No order as to costs.
Full Case Text
Judgment text and source record
34 paragraphs
### THE REPUBLIC OF UGANDA
### IN THE HIGH COURT OF UGANDA AT KAMPALA
### (LAND DTVTSION)
# MISCELLENEOUS AfPI{€AIICIN NO. 180 OF 2024
## IN THE MATTER AN APPLICATION FOR AN ORDER TO DEPOSIT OUTSTANDING BALANCE OF PURCHASE PRICE IN COURT
AND
IN THE MATTER OF AN APPLICATION BY KATEREGGA RONALD (APPLICANT)
KATEREGGA ft QfrlIlp======================================APPLICANT l5
. VS.
1. KAWEKE JAMES
I()
- 2. NAIGA REBECCA - 3. NAKANWAGI HARRIET
4. KATENDE DERRICK l0
5. JESSE MAURICE KIJJAMBU============================RESPONDENTS
### Before: Hon. Lady Justice Olive Kazaarwe Mukwaya
#### RULING
This application is brought by a purchaser of land comprised in Kyadondo Block 243 Plot '1661 situate at Luzira. The agreement for sale a copy of which is annexed to the Application is dated '1 1th July 20'18. l5
Mr. Kateregga Ronald the purchaser was registered on the Certificate of Title to the suit land on the 23'd May 2022 according to a copy of the Certificate of Title marked 'D'.
The grounds for the application are that Mr. Kateregga be issued with an order directing, allowing him to deposit the outstanding amount of the purchase price of UGX.47,000,000/= in court, since he has not been able to locate the vendors to receive it.
There is no reply to the application. When this matter came up for hearing, the Applicant and his Counsel did not appear.
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I have perused the sale agreement Annexure 'A' clause 2(b) states;
"The balance of UGX. 100,000,000/= (Uganda Shillings One Hundred Million Only) shall be paid to the vendors within two weeks from execution of these presents"
l0 Two weeks from the 'l 1th July 20'18, was the 15rh July 2018. lt has been six (6) years and 11 months since that date.
Under Section 3 (1) (a) of lhe Limitation Act Cap 290, no aclion on contract shall be brought six (6) years from the date on which the cause of action arose.
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This application is therefore barred under the Limitation Act and is accordingly dismissed with no order as to costs.
/ tt r----
Olive Kazaaruye Mukwaya JUDGE
12th June 2025
Delivered by Eccmis to Counsel for the parties.
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