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6 Aug 2014

Civil Procedure [2014] UGCommC 105

Ssekamwa v UMEME Ltd

Ssekamwa v UMEME Ltd (Civil Suit No. 482 of 2013) [2014] UGCommC 105 (6 August 2014)

Court: Commercial Court of Uganda
Case number: Civil Suit No. 482 of 2013

The court found that the plaintiff was not a stranger to the contract for electricity supply, as evidenced by the Deed of Acknowledgement of Debt and Undertaking to Pay attached to the plaint, which was executed between the plaintiff and the defendant. The agreement established a direct contractual relationship and assigned rights and obligations to the plaintiff. Therefore, the plaintiff enjoyed a right under the contract, and the pleadings disclosed facts indicating a possible violation of that right by the defendant. The preliminary objection did not raise a pure point of law capable of di…

Source excerpt

Cause Of Action
Contractual Privity
Preliminary Objection
Locus Standai
Pleadings
Assignment Of Contracts

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7 Jun 2006

Commercial And Corporate [2006] UGCommC 26

The Micro Finance Support Centre Ltd v The Uganda Micro Enterprenuers and Ors (HCT-00-CC-CS 1007 of 2004)

The Micro Finance Support Centre Ltd v The Uganda Micro Enterprenuers and Ors (HCT-00-CC-CS 1007 of 2004) [2006] UGCommC 26 (7 June 2006)

Court: Commercial Court of Uganda
Case number: HCT-00-CC-CS 1007 of 2004

The court held that the plaintiff, a limited liability company, was not a party to the loan agreements, which were made between the Government of Uganda (represented by the Rural Microfinance Support Project) and the first defendant. The Rural Microfinance Support Project was not a legal person and could not have been succeeded by the plaintiff company. There was no evidence or pleading of a legal or equitable assignment of rights under the agreements to the plaintiff, nor was any required documentation attached to the plaint. The law is clear that only a party to a contract can sue on it, an…