Eng.Yashwant and Another v Ngude Odaka and 5 Others (HCT-OO-CC-CS 365 of 2007)
Eng.Yashwant and Another v Ngude Odaka and 5 Others (HCT-OO-CC-CS 365 of 2007) [2008] UGCommC 86 (11 March 2008)
The court found that while the defendants raised numerous procedural objections, the plaintiffs' suit was properly brought as a derivative action to address alleged fraud and mismanagement within the company. The procedural requirements cited by the defendants did not warrant dismissal, as the court has wide discretion under Section 33 of the Judicature Act and Article 126(2)(e) of the Constitution to administer substantive justice without undue regard to technicalities. The objections did not dispose of the whole claim, and no prejudice or miscarriage of justice was occasioned by proceeding…
Source excerpt
- Derivative Actions
- Company Procedure
- Preliminary Objections
- Statute Barred Claims
- Representative Actions
- Abuse Of Process