Democratic Governance Facility v Centre for Constitutional Governance & 2 Others
Democratic Governance Facility v Centre for Constitutional Governance & 2 Others (Civil Suit 953 of 2020) [2023] UGCommC 279 (28 August 2023)
The court found that the Democratic Governance Facility possesses international legal personality, as established by treaty among sovereign states, and therefore has locus standi to sue in Uganda. The Royal Danish Embassy's involvement does not invalidate the suit and can be rectified by amendment. The arbitration clause in the partnership agreement is permissive, not mandatory, allowing the Plaintiff to seek judicial remedies without prior recourse to arbitration. The Plaintiff's capacity to contract and enforce rights under the partnership agreement is affirmed, and the plaint discloses a v…
Source excerpt
- Locus Standi
- Arbitration Clause
- Cause Of Action
- International Legal Personality
- Contract Enforceability