National Social Security Fund (NSSF) and businessman Amos Nzeyi have been cleared of any wrongdoing in the acquisition and ownership of 366 acres of land in Temangalo, Wakiso District.
Temangalo Tea Estate, a company owned by an Indian family of Muhammad Hassanali Moosa, sued NSSF and Mr Nzeyi in 2016 seeking to repossess the land on claims that it belonged to them.
However, the Land Division of the High Court yesterday dismissed the case with costs.
Justice John Eudes Keitirima ruled that the case was stifled after a fixed length of time irrespective of the merits of the particulars of the case.
“Since the plaintiff/respondent (Temangalo Tea Estate) cause of action rose way back in 1993 and instead filed this suit in 2016, which is 23 years after, they are barred by limitation as the suit was instituted outside the statutory limitation as provided for under Section of the Limitation Act,” the judge ruled.
Section 5 of the Limitation Act provides that no action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to him or her or, if it first accrued to some person through whom he or she claims to that person.
In 2016, M/s Temangalo Tea Estate had sued NSSF and Mr Nzeyi jointly with Edrisi Kintu, Mwami Nalukenge Mawanda, Abbas Mawanda and the Commissioner for Land Registration claiming that it was granted repossession certificate by the Minister of Finance in August 1993 and was seeking to recover the said land.