Uganda Case Law

Kilembe Mines Ltd v Uganda Gold Mines Ltd (HCT-00-CC-MA 312 of 2012)

Kilembe Mines Ltd v Uganda Gold Mines Ltd (HCT-00-CC-MA 312 of 2012) [2012] UGCommC 71 (27 June 2012)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 312 of 2012

The court found that Uganda Gold Mines Limited, as described in the plaint, does not exist as a legal entity incorporated in Uganda. The error in naming the Plaintiff was not a mere misnomer but a substantive defect, as the entity purported to sue did not exist in law. The authorities cited establish that a non-existent person or entity cannot maintain an action, and such a defect cannot be cured by amendment. Consequently, the suit was a nullity, disclosed no cause of action, and was struck out. The court also held that no order as to costs could be made against a non-existent Plaintiff.

Source excerpt

• Striking Out Plaint
• Legal Existence Of Company
• Misnomer In Pleadings
• Cause Of Action
• Corporate Capacity To Sue

British India General Insurance Company Limited v Solanki

British India General Insurance Company Limited v Solanki (Civil Appeal No. 30 of 1997) [2000] UGCA 42 (23 May 2000)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 30 of 1997

Judge

Okello, JA, Mpagi-Bahigeine, JA, Kitumba, JA

The Court of Appeal upheld cancellation of title and dismissed the appeal, holding the appellant company did not exist, the transfer was fraudulent, and the counterclaim was properly entertained.

• Fraudulent Transfer Of Title
• Registration Of Titles
• Counterclaim Procedure
• Legal Existence Of Company
• Fraudulent-transfer-of-title
• Registration-of-titles