Principle(s):

The applicability of originating summons, particularly in cases involving contentious issues.

Brief facts:

The plaintiff the former registered proprietor of Block 29 plot 1010 Mulago brought a suit by originating summons for the declaration of the following questions:

1. Whether the plaintiff had a right to sell land comprised on Block 29 plot 1010 Mulago?
2. Whether the Defendant has a claim of right as a Kibanja owner of land comprised on Block 29 plot 1010 Mulago?
3. Whether the Plaintiff should continue staying on the land until the grant of letters of administration?

The defendant raised a preliminary objection to the effect that (I) the procedure elected by the plaintiff is not appropriate.

Holding:

Court dismissed the originating summons stating that the matter is a contentious one that requires this Honourable Court to look at a number of considerable evidence before determination.