Fort Portal, Uganda | THE BLACK EXAMINER | The High Court in Fort Portal has ruled that the land case involving Beatrice Nyindombi Karanja, the wife of former Kenyan Vice President Dr. Josephat Njuguna, will proceed and be heard on its merits. Justice Vincent Wagona made this decision after dismissing preliminary legal arguments presented by Nyindombi’s lawyer. Nyindombi had sought the dismissal of a fraud case filed against her in 2019 by the late Juma Hussein, citing that it was filed too late.
The late Juma Hussein, a resident of Fort Portal, accused Nyindombi of encroaching on a 73-hectare piece of land, known as Block 45, Plot 7 in Harugongo Sub County.
The dispute dates back to 1990 when Juma borrowed 12,000 Kenyan Shillings from Nyindombi for medical treatment. Later, in 1997, he requested an additional loan of 1,150,000 Ugandan Shillings, which Nyindombi sent through her brother. As part of the loan agreement, Nyindombi requested the lease title of Juma’s land as security, which he provided. However, after Juma’s passing, his family members became petitioners in the case.
During the court proceedings, Nyindombi’s lawyer argued that the case should be dismissed due to the time limit, as it was filed 19 years after the land transfer in 1990. He contended that fraud, as an exception, applies from the time it is discovered. On the other hand, the Husseins, through their lawyer, argued that the alleged fraud was discovered in 2019 and falls within the permissible exceptions of the limitation period.
Justice Wagona ruled that fraud can be pleaded anytime one discovers it. He noted that the cause of action arose in 2019 when the plaintiff discovered the fraud, and the suit was filed in 2019 within the 12-year limit specified in the Limitation Act. Consequently, he overruled Nyindombi’s submissions and directed that the trial should continue on its merits.
Additional Reporting by: Uganda Radio Network
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