Uganda Case Law

Enen Okello Richard v Lira University Council

Enen Okello Richard v Lira University Council (Miscellaneous Cause No. 23 of 2022) [2025] UGHC 328 (8 May 2025)

Court

High Court of Uganda

Case number

Miscellaneous Cause No. 23 of 2022

Judge

Okello, J

The High Court held that judicial review under section 57(3) of the Universities and Other Tertiary Institutions Act is confined to reviewing the decision and process of the University Staff Tribunal, not the underlying decisions of the Appointments Board or Top Management. Since the applicant did not challenge the Tribunal's process or decision, but instead sought to re-litigate issues already determined by the Tribunal or raise new matters not previously presented, the application was misconceived. The court further held that naming Lira University Council instead of Lira University was a m…

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• Judicial Review
• University Staff Discipline
• Procedural Fairness
• Misnomer In Pleadings
• Timeliness Of Application

Kampala Capital City Authority v Moses Kalungi (Misc. Application No. 2706 of 2024)

Kampala Capital City Authority v Moses Kalungi (Misc. Application No. 2706 of 2024) [2025] UGCommC 86 (25 April 2025)

Court

Commercial Court of Uganda

Case number

Misc. Application No. 2706 of 2024

Judge

Tumusiime Rubagumya, J

The High Court corrected the respondent’s name as a curable misnomer and allowed two companies to be joined as respondents in a property-rates recovery matter.

• Misnomer In Pleadings
• Joinder Of Parties
• Property Rates Liability
• Amendment Of Pleadings
• Misnomer-in-pleadings
• Joinder-of-parties

Sabric International Limited v Attorney General

Sabric International Limited v Attorney General (Civil Appeal 30 of 2020) [2023] UGSC 75 (13 October 2023)

Court

Supreme Court of Uganda

Case number

Civil Appeal 30 of 2020

Judge

Owiny-Dollo, CJ, Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court held that naming Sabric Building and Decorating Contractors Limited was a curable misnomer, allowing amendment and a merits hearing.

• Misnomer In Pleadings
• Amendment Of Pleadings
• Corporate Personhood
• Locus Standi
• Contractual Disputes
• Substantive Justice

Kasaliko v Energo Project Limited and Another

Kasaliko v Energo Project Limited and Another (Civil Suit 26 of 2017) [2022] UGHCCD 319 (14 November 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 26 of 2017

Judge

Ojok, J

The High Court struck out the plaint, holding that Energo Projekt Ltd was a non-existent defendant and the alleged misnomer could not be cured by amendment.

• Misnomer In Pleadings
• Non Existent Entity
• Amendment Of Pleadings
• Burden Of Proof
• Civil-procedure
• Misnomer-in-pleadings

Nakabuye v Martin Strokes and Another (Misc Cause No. 38 of 2021)

Nakabuye v Martin Strokes and Another (Misc Cause No. 38 of 2021) [2022] UGHCLD 13 (27 January 2022)

Court

HC: Land Division (Uganda)

Case number

Misc Cause No. 38 of 2021

Judge

Kawesa, J

The High Court ordered removal of caveats on the applicant’s land, finding the respondents had not shown cause and lacked a valid caveatable interest.

• Removal Of Caveats
• Caveatable Interest
• Registration Of Titles
• Misnomer In Pleadings
• Caveat-removal
• Caveatable-interest

AC Yafeng Construction Limited v Registered Trustees of Living word assembly Church and Another

AC Yafeng Construction Limited v Registered Trustees of Living word assembly Church and Another (Miscellaneous Civil Application No. 1 of 2021) [2021] UGCommC 125 (9 March 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Civil Application No. 1 of 2021

Judge

Stephen Mubiru, J

The court held that the applicant's misnaming in the pleadings was a mere misnomer, not a fatal defect, and allowed amendment to reflect the correct name. On the substantive issue, the court found that the performance guarantee issued by the 2nd respondent was unconditional and autonomous, requiring only a written demand from the beneficiary and not proof of breach of the underlying contract. The applicant failed to demonstrate that the guarantee was conditional, that the call on the guarantee was beyond the permitted circumstances, or that the call was specious or untenable. The court furthe…

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• Performance Guarantees
• Interim Injunctions
• Arbitration Proceedings
• Misnomer In Pleadings

Ac Yafeng Construction Limited v Registered Trustees of Living Word Assembly Church and Another

Ac Yafeng Construction Limited v Registered Trustees of Living Word Assembly Church and Another (Civil Miscellaneous Application 1 of 2021) [2021] UGCommC 150 (9 March 2021)

Court

Commercial Court of Uganda

Case number

Civil Miscellaneous Application 1 of 2021

Judge

Stephen Mubiru, J

The court found that the error in the applicant's name was a misnomer, not a case of misidentification, and allowed amendment to reflect the correct name, AC Yafeng Construction Company Limited. However, the court held that the performance guarantee in question was an unconditional (on-demand) guarantee, as evidenced by its wording and the application of the Uniform Rules of Demand Guarantee (URDG). Such guarantees are autonomous and may be called upon by the beneficiary upon written demand, regardless of disputes in the underlying contract, except in cases of fraud or unconscionability, whic…

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• Performance Guarantees
• Interim Injunctions
• Arbitration Proceedings
• Misnomer In Pleadings

KCB Bank (U) Limited v Kabajulizi (Labour Dispute Appeal No. 16 of 2019)

KCB Bank (U) Limited v Kabajulizi (Labour Dispute Appeal No. 16 of 2019) [2021] UGIC 4 (22 January 2021)

Court

Industrial Court of Uganda

Case number

Labour Dispute Appeal No. 16 of 2019

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The Industrial Court held that the appellant’s name was only misdescribed in the decree, so the appeal was not invalid and the preliminary objection failed.

• Misnomer In Pleadings
• Corporate Personality
• Amendment Of Pleadings
• Labour Termination Dispute
• Misnomer-in-pleadings
• Amendment-of-pleadings

Kyaninga Royal Cottages Ltd v Kyaninga Lodge Ltd

Kyaninga Royal Cottages Ltd v Kyaninga Lodge Ltd (Miscellaneous Application No. 551 of 2018) [2018] UGCommC 34 (20 September 2018)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 551 of 2018

The High Court struck out a trademark and passing-off suit after finding it had been filed in the name of a non-existent company. The defect was held incurable.

• Striking Out Plaint
• Legal Personality
• Misnomer In Pleadings
• Costs Award
• Corporate Existence
• Striking-out-plaint

Sengozi v Mpagi & Ors

Sengozi v Mpagi & Ors (Miscellaneous Cause No. 061 of 2016) [2017] UGHCFD 19 (27 October 2017)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Cause No. 061 of 2016

Judge

Elubu, J

The High Court refused to strike out a counterclaim over disputed land, holding that the pleadings raised triable issues and that a misnomer in the applicant’s name was not fatal.

• Striking Out Counterclaim
• Cause Of Action
• Locus Standi
• Land Title Dispute
• Misnomer In Pleadings
• Striking-out-counterclaim