The Kyabazinga of Busoga v Ligwewo Richard & 9 Others
The Kyabazinga of Busoga v Ligwewo Richard & 9 Others (Miscellaneous Application No. 215 of 2017) [2019] UGHC 24 (3 December 2019)
The court found that the Busoga Kingdom, as an institution, does not possess corporate personality and cannot sue or be sued. The Constitution and the Institution of Traditional Leaders or Cultural Leaders Act confer corporate sole status only upon the traditional leader (Kyabazinga), not the institution. Therefore, the suit against the Busoga Kingdom was a nullity ab initio, and the consent judgment entered in its name is void and of no legal effect. The error at the outset of the proceedings went to the root of the claim and could not be cured by substitution or estoppel. The court set asid…
Source excerpt
- Corporate Personality Of Traditional Leaders
- Capacity To Sue And Be Sued
- Consent Judgment Nullification
- Locus Standii
- Execution Of Judgments