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Uganda decisions
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Namatovu and 2 Others v Seguya and 7 Others (Miscellaneous Application 576 of 2022) [2023] UGHCFD 97 (3 July 2023)
The High Court allowed an application to amend a plaint and add parties in a land-related estate dispute, finding no prejudice to the 7th respondent and no limitation bar.
Oliver Namyeka & 2 Others V Parliamentary Commission (Civil Appeal No. 59 of 2013) [2019] UGCA 2014 (30 July 2019)
The Court of Appeal found that the trial Judge erred in striking out the Parliamentary Commission as a party to the suit. The original trial Judge had correctly found a cause of action against the Commission, and all necessary parties were already before the court. The Twinobusingye case was misapplied; it established a functional test, not a blanket rule excluding the Commission from being sued. The actions complained of—arrest by the Sergeant at Arms—fell within the Commission's statutory functions. The principle of functus officio prevented the second Judge from revisiting the earlier ruli…
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Namyeka & 2 Ors Vs Parliarmentary Commission (Civil Appeal No. 59 of 2013) [2019] UGCA 336 (30 July 2019)
The Court of Appeal found that the trial Judge erred in striking out the Parliamentary Commission as a party to the suit. The original ruling by Justice Kibuuka Musoke had already determined that the plaint disclosed a cause of action against the Commission, and all necessary parties were present. The subsequent reliance on the Twinobusingye case was a misdirection, as that case established a functional test for party representation, not a blanket rule. The Attorney General was already a party, and the Commission's involvement related to the actions of its employee, the Sergeant at Arms. The…
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