Navichandra Kakubhai Radia v Kakubhai And Co. Ltd [1995] UGSC 9 (16 June 1995)
Court
Supreme Court of Uganda
Judge
Wambuzi, CJ
The Supreme Court held that the preliminary objection regarding lack of authority for the respondent's advocates to institute the suit was premature. The appellant failed to adduce evidence supporting the allegation that the respondent's advocates lacked authority. The burden of proof lay on the appellant, who did not discharge it. The question of authority to sue is a matter of evidence and should be determined at trial, not at the preliminary stage, unless lack of authority is manifest. The trial judge was correct in overruling the objection and allowing the suit to proceed. Attempts to int…