Uganda Case Law

Landmark Junior School Ltd v Ngona Shaidi Shaido

Landmark Junior School Ltd v Ngona Shaidi Shaido (Miscellaneous Application No. 779 of 2024) [2025] UGHCCD 80 (19 June 2025)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 779 of 2024

Judge

Bonny Isaac Teko, J

The High Court held that a school’s failure to constitute a Management Committee does not defeat a suit against it. The preliminary objection was dismissed and substitution ordered.

• Capacity To Sue Or Be Sued
• Non Existent Parties
• School Management Committee
• Statutory Entities
• Procedural Objection
• Capacity-to-sue-or-be-sued

Muhigane v The Board of Trustees of Kigezi High School

Muhigane v The Board of Trustees of Kigezi High School (Civil Suit 1 of 2024) [2024] UGHC 835 (27 June 2024)

Court

High Court of Uganda

Case number

Civil Suit 1 of 2024

Judge

Emokor, J

The High Court at Kabale upheld a preliminary objection, finding the defendant named in the plaint was a non-existent party and striking out the suit.

• Capacity To Sue
• Non Existent Parties
• Party Substitution
• Education Institutions Liability
• Civil-procedure
• Party-capacity

Abex Tour & Safaris Company Ltd v Sabiiti & Anor

Abex Tour & Safaris Company Ltd v Sabiiti & Anor (MISCELLANEOUS CIVIL APPLICATION NO. 28 OF 2020) [2020] UGHCCD 151 (3 July 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CIVIL APPLICATION NO. 28 OF 2020

Judge

Gadenya, J

The court found that Abex Tour & Safaris Company Limited is not a registered company and therefore does not exist in law. A suit against a non-existent party is a nullity and cannot be cured by amendment, regardless of the respondents' intentions or mistakes. The respondents' failure to verify the existence of the company before instituting the suit was a grave error. Consequently, the plaint was struck out for being incompetent. On the issue of costs, the court held that although a successful party is ordinarily entitled to costs, there was good cause to deny costs in this case. The applican…

Source excerpt

• Striking Out Plaint
• Non Existent Parties
• Costs Award
• Misjoinder Of Parties

Musoke Gukiina V Speke Hotel Limited & 3 Others (Misc. Application No. 239 of 2019)

Musoke Gukiina V Speke Hotel Limited & 3 Others (Misc. Application No. 239 of 2019) [2019] UGHCLD 37 (6 July 2019)

Court

HC: Land Division (Uganda)

Case number

Misc. Application No. 239 of 2019

Judge

Kawesa, J

The High Court dismissed an application to amend a plaint by substituting a non-existent defendant, holding that such a defect cannot be cured by amendment.

• Amendment Of Pleadings
• Substitution Of Parties
• Non Existent Parties
• Cause Of Action
• Land Registration
• Amendment-of-pleadings

Buganda Land Board v Wampamba (Misc. Cause No. 622 of 2013)

Buganda Land Board v Wampamba (Misc. Cause No. 622 of 2013) [2014] UGHCLD 91 (20 February 2014)

Court

HC: Land Division (Uganda)

Case number

Misc. Cause No. 622 of 2013

Judge

Luswata, J

The High Court struck out a plaint against Buganda Land Board, holding it was not shown to be a legal entity capable of being sued and awarding no costs.

• Capacity To Sue
• Non Existent Parties
• Striking Out Plaint
• Burden Of Proof
• Capacity-to-sue
• Non-existent-parties