Uganda Case Law

Naume and 2 Others v Kapere and 2 Others

Naume and 2 Others v Kapere and 2 Others (Civil Suit 67 of 2022) [2024] UGHCCD 54 (12 April 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 67 of 2022

Judge

Boniface Wamala, J

The suit was instituted in the names of the minors through two adult persons named as next friends. Although the written authority from the next friends was not attached to the plaint, evidence exists that the next friends had been chosen and had accepted the responsibility prior to filing. The omission is a matter of form and constitutes a technicality curable under Article 126(2)(e) of the Constitution. The document in the Plaintiffs' trial bundle satisfies the requirement of written authority. Therefore, the preliminary objection is devoid of merit and is overruled; the suit shall proceed…

Source excerpt

• Minor Suing Through Next Friend
• Written Authority Requirement
• Technical Objection
• Curable Irregularity

Tumusime & Anor v Saracen (U) Ltd

Tumusime & Anor v Saracen (U) Ltd (Miscellaneous Application No. 0032 of 2016) [2016] UGHCFD 27 (21 September 2016)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application No. 0032 of 2016

Judge

Ojok, J

The High Court reviewed its earlier order rejecting a plaint as time barred, finding a typographical date error apparent on the record and reinstating the suit.

• Review Of Court Orders
• Limitation Periods
• Vicarious Liability
• Negligence
• Minor Suing Through Next Friend
• Review-of-judgment