Twagira v Mayengo and Another (MISCELLANEOUS APPLICATION NO. 1047 OF 2024) [2024] UGHCLD 301 (1 October 2024)

Full Case Text

# THE REPUBLIC. OF UGANDA 5 IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DTVTSTON) MISCELLANEOUS APPLICATION NO. 1047 OF 2024 (AR|S|NG FROM CtVtL SU|T NO. 1074 OF 2020, PETER SIMON TWAGIRA -VS- JOHN MAYENGO & AMAZON ENTERPRISES LIMITED) 10 1. MAYENGO JOHN MUSOKE 2. AMAZON ENTERPRISES LIMI .-.-. APPLICANTS -vs. 15 Before: Hon. Ladv Justice Olive Kazaarwe Mukwava /z x.

## RULING

This application is premised on a Preliminary Point of law that uit No. 107

is res judicata. 20

## Backqround to the Preliminarv Point of Law

On the 28th lvlarch 2024, this Cou( delivered its Judgment in Civil Appeal No. 63 o12020 The Appellant was Amazon Enterprises Limited and the Respondents were six (6) in number. They included N,4r. Kisiira John Baptist and l\ilr Byabagambe Yusufu.

25 This Court determined the appeal and found that the Appellant was a bonafide purchaser for value without notice of fraud and that all six (6) Respondents were lrespassers on the suit land.

s Civil Suit No 1074of 2020 was tiled by Mr. Peter Simon Twagira against Wambuzi Charles, Kisira John Baptist, Namukasa Robinah, Byabagambe Yusufu, John Mayengo, Amazon Enterprises Ltd, Kigozi Samuel, Musoke Azimaveni and the Commissioner Land Registration.

10 On 29th June 2022, l\,1r. Twagira filed an amended plaint retaining only two (2) out of the original nine (9) initial Defendants. The two Defendants are Mr. John Mayengo and Amazon Enterprises Ltd.

#### Determination bv the Court

### Section 7 of the Civil Procedure Act cap 282 provides

## 7- Res judicata

- 15 No couti shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same pafties, or between padies under whom they or any of them claim, litigating under the same title, in a coui competent to try the subsequent suit or the suit in which the issue has been subsequently raised, and has been heard and finally decided by that court. - 20 According to paragraph 4.1 of the amended plaint in Civil Suit No. 1074 of 2020, the Plaintiffs cause of action arose as follows;

"That on 20h December 2004. the Administrators and beneficiaries of the estate of the late Jesca Nabuwaya sold to the Plaintiff equitable interest (Kibanja) of land measuring 75ft by 25ft and now forming paft of land described as Kyadondo Block 254 Plot 884

25 located at Nabutiti, Kasanga Ggaba road (herein after refened to as the suit land Kbanja)"

A perusal of the Judgment in Civil Appeal No. 63 of 2020 at page 1 , under the first ground of appeal, describes the 2nd and 4th Respondents, Mr Kisiira John Baptist and Mr. Wambuzi Charles as beneficiat owners of the estate property of the late Jessica Nabuwaya.

30 The first ground of appeal was whether the 2nd and 4rh Respondents had a laMul/equitable interest in the suit land as beneficial owners of the estate of the late 5 Jessica Nabuwaya. The suit land is described at page 5 of the Judgment at line 30 as "the propeiy comprised in Kyadondo Block 254 Plots 884 at Kasanga and Nabutiti".

This Court, as stated earlier, found that the 2nd and 4th Respondents had no claim of ownership whatsoever on the suit land.

Mr. Peter Simon Twagira's sale agreement, upon which he purchased the suit land, the subject matter of Civil Suit No. '1074 of 2020, is marked Annexure 'A' to the plaint. lt is dated 20rh December 2004. The signatories are Mr. Kisiira John Baptist (Administrator) and l\4r. Wambuzi Charles (Administrator). The subject matter of the agreement is land located at Kasanga (Nabutiti) described as Kyadondo Block 254 Plot 884 land on Ggaba road measuring 25ft x 76ft. 10

It is a fact that the Court's decision in Civil Apoeal No. 63 of 2020 stripped N/r. Kisaira John Baptist and Mr. Wambuzi of any authority to deal in the suit land, which is registered land. 15

While Mr. Peter Simon Twagira, who derives his claim to the suit land from them describes the suit land as a 'Kibanja 'or an equitable interest, the land sale agreement upon which he acquired the interest makes no mention of an equitable interest. A plain reading of the agreement indicates that it is the registered land which was subject of the sale.

I agree with the Applicants that Civil Suit No. '1074 of 2020 is res judicata. The issues raised in that suit have been heard and finally decided by this Court. And the Respondent, Mr. Twagira, as a person deriving his claim from one of the parties to Civil Appeal No. 63 of 2020. is bound by this Court s decision.

ln conclusion, luphold the preliminary objection. This application is allowed. I hereby dismiss Civil Suit No. 1074 ol2020 on grounds of res judicata, with costs to the Ap icants. 25

Olive Kazaanve Mukwaya JUDGE 30th April 2025 30

Delivered by Eccmis to Counsel for the Parties. $\mathsf{S}$ $\bullet$

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