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18 Feb 2022

Civil Procedure [2022] UGHC 5

Wambuzi & Anor v Nadiope & 8 Ors

Wambuzi & Anor v Nadiope & 8 Ors (Civil Suit No. 177 of 2014) [2022] UGHC 5 (18 February 2022)

Court: High Court of Uganda
Case number: Civil Suit No. 177 of 2014
Judge: Rwakakooko, J

The court found that the election of the 1st Plaintiff as Kyabazinga on 31/10/2008 was invalid due to lack of quorum, as only seven hereditary chiefs were present instead of the constitutionally required eight. Subsequent elections in 2009 also failed for the same reason. The election of the 1st Defendant on 23/8/2014 was conducted in accordance with the Constitution of the Obwa Kyabazinga bwa Busoga, with the requisite quorum and proper procedures followed. The court held that the institution with legal personality is the corporation sole of the Kyabazinga, not the kingdom itself, and dismis…

Source excerpt

Corporate Personality Of Traditional Leaders
Validity Of Election Procedures
Quorum Requirements For Cultural Elections
Capacity To Sue And Be Sued
Res Judicata
Costs Award

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3 Dec 2019

Civil Procedure [2019] UGHC 24

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)

Court: High Court of Uganda
Case number: Miscellaneous Application No. 215 of 2017
Judge: Luswata, J

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…