Mpondwa Cross Boarders Traders Cooperatives Society Limited v Isango Subcounty Local Government
Mpondwa Cross Boarders Traders Cooperatives Society Limited v Isango Subcounty Local Government (Miscellaneous Application No. 106 of 2022) [2022] UGHCCD 266 (16 November 2022)
The court found that while the respondent's naming was a misnomer, it did not render the entity fictitious or incapable of suing, as the sub-county council exists and is recognised under the Local Governments Act. However, the respondent failed to prove exclusive possession of the suit land, which is registered in the names of Kasese District Local Government, and thus did not disclose a reasonable cause of action for trespass. The hurried creation of the Isango cattle market was irregular and intended to frustrate the district's revenue collection and the applicant's contract. The commenceme…
Source excerpt
- Local Government Councils
- Public Procurement Compliance
- Trespass To Land
- Market Establishment Authority
- Corporate Personality
- Council Resolution Requirements