The High Court has dismissed a case in which Muljibhai Madhvani and Company Limited had sued the family of the late Muwanga Omuweesi challenging a consent judgement and court decree in which Pastor Daniel Walugembe was recognized as a the owner of approximately 168 acres and that he was granted possession of the land.
Acting Judge Ida Nakiganda of the High Court dismissed Madhvani and Company’s case citing the company’s failure to attach the consent judgment to the case which was critical in proving that it was an aggrieved person.
The judge observed that Madhvani and company Limited omitted and or failed to attach the foundational document to the sworn documents in support of its case leaving court to speculate whether the application was not backed by evidence.
“The Applicant seeks review of a consent judgement that is not attached to the affidavit in support of the Application. The Court was therefore left to speculate the contents of a consent judgment which consent judgment formed the basis of this Application. The Court had no way of validating and ascertaining the existing claims of both parties without the attachment of the consent judgment to the Application,” Justice Nakiganda held.
The judge explained that by attaching the said consent judgement attached to the additional sworn statements cannot be admitted as evidence hence the case deemed to have not attached a copy of the consent judgement that they had sought to review.
“In my view, introducing a foundational document; one that forms the basis for the application through an affidavit in rejoinder is a wrong procedure. Admitting such an important document as evidence in these circumstances would be misusing the purpose of rejoinder affidavits. These are meant to respond to what the opposing party had stated,” held the judge adding that Madhvani and Company failed to establish that it is an aggrieved person.
Through its lawyers of Kampala Associated Advocates (KAA), Madhvani and Company Limited had asked the High Court of review and quash the consent judgement entered between the family Muwanga Omuweesi and Pastor Walugembe, vainly reasoning that it is the registered proprietor of the land affected by the consent judgment and that the judgment was entered in proceedings to which it was not a party, without its knowledge, participation or consent.
Madhvani and Company had sued Pastor Walugembe jointly with the administrators of the estate of late Muwanga Omuwesi; Kalumba Benjamin Sebuliba and Kayongo Robert Musoke.
Other family members sued are Magala James, Busulwa Muhamed, Nantega Alexandria, Namusoke Rosette, Kiwanuka Kelementi, Sebuliba Peter Wasswa, Busulwa Mark and Birabwa Juliet.
Madhvani and Company Limited claims that it is the registered proprietor of the land comprised in FRV 2 Folio 23, Busiro Block 374, Plots 4, 5, 6, 7, 9 and 10, at Nakigalala, in Wakiso District having acquired and been registered as proprietor on 2nd January 2012.
However, Pastor Walugembe states that Madhvani and Company is not an aggrieved person because it has no legally recognized interest in the land comprised in Block 374 MRV 21 Folio 18, which was the subject of the Consent Judgment.
Through his lawyers, Pastor Walugembe told court that he acquired 168 acres of the land from the 2nd and 3rd Respondents, as administrators of the estate of the late Muwanga Omuwesi, together with the beneficiaries of that estate, in 2010, and immediately took possession thereof.
“He (Walugembe) maintains that, at the time of his acquisition, the land was in the possession and use of members of the Muwanga Omuwesi family and not the Applicant or its predecessors in title.”
Pastor Walugembe states that he has remained in possession of the land since 2010, developed the land and established permanent houses and gardens thereon,” reads the court document adding that having remained unchallenged for over fifteen years, is also barred by limitation and that, alternatively, his long possession supports a claim to adverse possession.
The dispute concerning the land has previously been the subject of litigation. In 2013, HCCS No. 33 of 2013 was instituted by the 2nd and 3rd Respondents against the Applicant. The suit was subsequently renumbered HCCS No. 0640 of 2025 and is pending before the High Court at Entebbe.
While that suit was pending, HCCS No. 235 of 2025 was instituted by the 1st Respondent against the 2nd to 11th Respondents concerning approximately 168 acres of land at Nakigalala described in the pleadings as Block 374 MRV 21 Folio 18.
