Bang Cheng Investment Co. Limited v Roko Construction Co. Limited (Miscellaneous Application 2427 of 2023) [2024] UGCommC 10 (11 January 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 2427 of 2023
Judge
Kahigi Asiimwe, J
The High Court allowed an amendment to correct the respondent’s name, holding the error was a curable misnomer rather than a fatal reference to a non-existent party.
Amin Virani v Byaruhanga and Another (Miscellaneous Application 1143 of 2023) [2023] UGHCLD 146 (14 June 2023)
Court
HC: Land Division (Uganda)
Case number
Miscellaneous Application 1143 of 2023
Judge
Basaza, J
The court found that the reference to 'Eleanor Byaruhanga' instead of 'Eleanor Byarugaba' was a bona fide misnomer and not intended to mislead. Applying the test from J B Kohli and Ors v Bachulal Popatlal, the court held that a reasonable person would have no doubt that 'Eleanor Byarugaba' was the intended party. The error was not fatal and could be corrected by amendment. The court further held that a deceased person cannot be sued, but improper joinder of such a party is not fatal and can be rectified by court order. The legal representatives, as established by the grant of probate, are pro…
Nakabuye v Strokes & Another (Miscellaneous Cause 38 of 2021) [2022] UGHCLD 319 (27 January 2022)
Court
HC: Land Division (Uganda)
Case number
Miscellaneous Cause 38 of 2021
Judge
Kawesa, J
The High Court ordered removal of caveats on the applicant’s land, finding the respondents had shown no cause to keep them in place and had no caveatable interest.
John Kibyami v Mission & Relief Transport Ltd (HCT-00-CC-CS 236 of 2006) [2006] UGCommC 49 (5 December 2006)
Court
Commercial Court of Uganda
Case number
HCT-00-CC-CS 236 of 2006
The High Court allowed amendment of a plaint to delete “Limited” from the defendant’s name, treating the error as a misnomer rather than a substitution of parties.