Uganda Case Law

Samuel Mubiru Kizito v Edward Sekabanja Kato T/A Sekabanja & Co. Advocates

Samuel Mubiru Kizito v Edward Sekabanja Kato T/A Sekabanja & Co. Advocates (Miscellaneous Application 1844 of 2022) [2024] UGCommC 12 (1 February 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1844 of 2022

Judge

Harriet Grace Magala, J

The applicant failed to attach an executed and registered power of attorney to both the plaint and the application, thereby failing to establish locus standi to institute the suit and application on behalf of Shandong Industrial (U) Ltd. The pleadings were not properly drafted to reflect the applicant's legal capacity, and the suit should have been brought in the name of the principal, not the agent. In the absence of proof of authority, the suit and application were incompetent and disclosed no cause of action. Consequently, both the main suit and the application were struck out and dismisse…

Source excerpt

• Locus Standi
• Striking Out Defence
• Written Statement Of Defence
• Dishonored Cheque
• Power Of Attorney
• Cause Of Action

B.D.S.Ltd v Antone. H. Akroush (High Court Miscellaneous Application No. 503 of 2008)

B.D.S.Ltd v Antone. H. Akroush (High Court Miscellaneous Application No. 503 of 2008) [2008] UGCommC 49 (20 October 2008)

Court

Commercial Court of Uganda

Case number

High Court Miscellaneous Application No. 503 of 2008

The High Court’s Commercial Court Division granted conditional leave to defend, requiring B.D.S. Limited to pay USD 225,000 into court within two weeks.

• Setting Aside Decree
• Service Of Process
• Dishonored Cheque
• Conditional Leave To Defend
• Service-of-process
• Setting-aside-decree