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Civil Procedure [2024] UGHC 608

Masawali and 7 Others v Uganda Wild Life Authority and Another

Masawali and 7 Others v Uganda Wild Life Authority and Another (Civil Suit 2 of 2013) [2024] UGHC 608 (19 June 2024)

Court
High Court of Uganda
Case number
Civil Suit 2 of 2013
Judge
Apiny, J

The court found that while order 1 rule 8 of the Civil Procedure Rules is couched in mandatory terms regarding the advertisement of the representative order and list of plaintiffs, the confusion in this case arose from the wording of the court's own order, which directed publication of the summons to file defence rather than the representative order. The plaintiffs, being laypersons, relied on their counsel and should not be penalized for counsel's mistake. The court emphasized that the duty to ensure proper notice is ultimately on the court, and that substantive justice should prevail over t…

Source excerpt

  • Representative Suits
  • Order 1 Rule 8 Compliance
  • Advertisement Of Orders
  • Mistake Of Counsel
  • Land Occupancy Rights
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Civil Procedure [2021] UGHCCD 197

Mugisha and 7 Others v Kyotera District Land Board (Misc Cause No. 1 of 2021)

Mugisha and 7 Others v Kyotera District Land Board (Misc Cause No. 1 of 2021) [2021] UGHCCD 197 (22 October 2021)

Court
HC: Civil Division (Uganda)
Case number
Misc Cause No. 1 of 2021
Judge
Katamba Nkwanga, J

The court found that the applicants and those they seek to represent share the same interest in the suit land, as they are all either natives or have acquired interests from the natives. The applicants have demonstrated authorization from the group to act on their behalf. The court held that under Order 1 Rule 8 of the Civil Procedure Rules, such representative actions are permissible where interests are aligned, provided procedural requirements are met. The court emphasized that notice of the institution of the suit must be served to all persons represented, preferably by public advertisemen…

Source excerpt

  • Representative Suits
  • Order 1 Rule 8
  • Land Occupancy Rights
  • Public Notice Requirements
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.