Muwonge v Fatuma Abdalla (Administrator of the estate of late Rajab Salim ) and Another (Miscellaneous Application 1472 of 2022) [2023] UGHCLD 154 (12 June 2023)

Full Case Text

#### THE REPUBLIC OF UGANDA

#### IN THE HIGH COURT OF UGANDA AT KAMPALA

#### (LAND DIVISIONI

## MISCELLANEOUS APPLICATION NO.1472 OF 2022

# (Arlstng 5 lrom C|lll Sutt No.292 of 2027)

#### JOHN BOSCO MI'WONGE: :APPLICANT

#### VERSUS

# 1. FATUMA ABDALLA (Ad mlnlstrator of the Estate of the Late RAJAB SALIM)

# 10 2. MUSIIME R. MUZUNGU ADR,EEN JULIE::::::::: RDSPONDENT Before: Ladu Justlce Alexqndra Nkonqe Rugadgq.

## Rulins.

## Introductlon.

This application brought by way of chamber summons under the provisions of Section 98

- 15 of the Ctvtl Procedure Act cap.77, and Order 7 rules 77 (d), (e), & 79 of the Ctvtl Procedure Rules SI 77-7 seeks orders that Clull SUlt No.292 of 2027 be rejected or struck out for being frivolous, vexatious, failing to disclose a cause of action against the applicant, and for being statute barred. It also seeks orders that the applicant be granted costs of the application, and the main suit. - 20 The grounds upon which the application is premised are contained the affidavit in support thereof deponed by Mr. John Bosco Muwonge, the applicant herein. He stated that the plaint should be struck out because it does not disclose a cause of action against him, and that the suit is not only barred by law but also frivolous and vexatious thus the same should be rejected or dismissed. - 30 25 That the applicant lawfully acquired the subject Iand from persons who represented themselves as the administrators of the estate of the late Rajab Salim vide AdministrdtTon Cause No.77 of I989 and that they handed him the genuine duplicate certificate of title as well as the transfer forms, and that he immediately took possession of the suit land without any incident and has continued to enjoy and utilize the land without any interference since 201 1.

The applicant admitted that the 1"t respondent ought not to have been party to this application. The 2"d respondent however raised issues of forgery of her signature on the transfer form. Details of their arguments are all on record.

Fraud is a grave allegation which requires evidence in a formal trial. This application raises a number of triable issues which cannot be disposed of by court before giving the 2nd respondent a hearing on the evidence that she intends to adduce against the applicant and the $1^{st}$ respondent.

$\mathsf{S}$ I therefore decline to grant this application. I will however allow the applicant to raise the issues in this application during the scheduling.

Costs to the respondents Alexandra Nkonge Rugadya

$\overline{a}$

Judge

12th June, 2023

Delivered via eail $\n\begin{array}{c|cc}\n\text{Dolized} & \text{via each} \\ \text{G} & 13/06/2223\n\end{array}\n$