The Appellant had formerly successfully sued the Respondent and one Andrea Mughanga over a piece of land. On appeal, the District Court set aside the trial court’s decision and ordered the case to be tried de novo. When the suit was retried, the Appellant lost the same. He successfully appealed before the District Court. The appeal by the Respondent and another before this Court was dismissed for want of prosecution. After the dismissal order, the Appellant filed a fresh suit against the Respondent herein claiming for damages incurred during the pendency of the aforementioned suit. The Respondent herein filed a written statement of defence where he denied the claims and raised preliminary objections on points of law to the effect that: the Plaintiff has no cause action against the defendant in this case; the suit is time-barred; the plaint is defective for lack of date and signature; the suit is bad in law for non-joinder of a necessary party; and the plaint contravenes Order VIII rule 1(i) of the Civil Procedure Code. The trial court upheld all points of preliminary objection and thus dismissed the suit. The Appellant was not satisfied with the trial court’s decision, hence this appeal.

