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A Suit That Does Not Disclose A Cause Of Action Is Unsustainable In Court, Says The Court Of Appeal

In The Case Of Limur Livestock Co. Ltd V Okongo Joseph & Others Civil Appeal No. 131 OF 2012 In Their Judgment Delivered On The 27th Day Of March 2019

CORAM; HON MR JUSTICE; KENNETH KAKURU. GEOFFREY KIRYABWIRE & CHRISTOPHER MADRAMA

This was an appeal to the Court of Appeal from the High Court Judgement of Hon. Mr Justice Wilson Masalu Musene on the 18th day of May 2012. This case involved a land dispute between the Appellant and the Respondents.

The High Court Judge held in favour of the Respondents and stated that the land did not belong to the Appellant and that the Appellant committed fraud in the process of registering the suit land. The Appellant appealed against this decision on the grounds that the High Court Judge erred in law and fact by holding that the land did not belong to him.

The Court of Appeal in upholding the High Court’s decision stated that where a suit does not disclose a cause of action against the Defendants, such a suit is unsustainable in Court.

The Judges of the Court of Appeal made this decision basing on the fact that the Appellant applied for a lease in the year 1973 as a company however, it was legally registered as a company in 2007. The Judges of the Court of Appeal went ahead to state that at the time the lease was granted, the Appellant company was a non-existent entity and as such, there was no cause of action since a non-existent entity cannot sue or be sued.