[2010] UGHC 238

[2010] UGHC 238

The court found that while the Government of Uganda did seize and later return Anaka Ranch to the late Wilson Okumu Lutara, and that loss was suffered as a result, the plaintiff's claim for compensation was statute barred. The applicable limitation laws required that actions against the Government for tort be brought within two years, or six years for torts generally, unless there was a written acknowledgment or part payment to revive the cause of action. The plaintiff failed to plead any grounds for exemption from limitation or revival by acknowledgment in the plaint, and no such acknowledgment was proven in evidence. The court held that the mere valuation of the property at the...

Citation
[2010] UGHC 238
Parties
Plaintiff: Tabitha Lalango Lutara (Mrs), administratrix of the estate of the late Wilson Okumu Lutara; Defendant: Attorney General
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
30 July 2010
Case Number
HCT - 02 - CV - CS- 0033 - 2007
Procedural Posture
Civil Suit / Final Judgment
Outcome
suit dismissed as time barred
Judges
Kasule, J
Legal Topics
Compulsory Acquisition, Limitation of Actions, Compensation for Expropriation, Estate Administration
Source Language
English
Land and Property Civil Procedure Compulsory Acquisition Limitation of Actions Compensation for Expropriation Estate Administration

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Parties

Tabitha Lalango Lutara (Mrs), administratrix of the estate of the late Wilson Okumu Lutara

Plaintiff

Attorney General

Defendant

Procedural Posture

Civil Suit / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff's farm was taken over by the Government of Uganda in 1977.
  2. 2 Whether the plaintiff suffered loss as a result of the seizure of the farm.
  3. 3 Whether the defendant is liable for the loss suffered by the plaintiff.

Ratio Decidendi

The court found that while the Government of Uganda did seize and later return Anaka Ranch to the late Wilson Okumu Lutara, and that loss was suffered as a result, the plaintiff's claim for compensation was statute barred. The applicable limitation laws required that actions against the Government for tort be brought within two years, or six years for torts generally, unless there was a written acknowledgment or part payment to revive the cause of action. The plaintiff failed to plead any grounds for exemption from limitation or revival by acknowledgment in the plaint, and no such acknowledgment was proven in evidence. The court held that the mere valuation of the property at the...

Court Disposition

suit dismissed as time barred

Orders

  • The plaintiff's suit is struck out/dismissed as time barred.
  • The plaintiff is to pay costs of the suit to the defendant.