Uganda Case Law

Legal Brains Trust (LBT) Limited v Basajjabalaba & 14 Others

Legal Brains Trust (LBT) Limited v Basajjabalaba & 14 Others (Constitutional Application 3 of 2024) [2024] UGSC 35 (11 July 2024)

Court

Supreme Court of Uganda

Case number

Constitutional Application 3 of 2024

Judge

Owiny-Dollo, CJ, Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Mike Chibita, JSC, Madrama , JSC, Catherine Bamugemereire, JSC, Monica K. Mugenyi, JSC

The Supreme Court partly allowed a constitutional application: it refused substitution of the late Prof. Mutebile’s estate, allowed the bank name change, and denied leave to amend the cross-appeal.

• Amendment Of Pleadings
• Party Substitution
• Company Name Change
• Vicarious Liability
• Appeal Procedure
• Amendment-of-pleadings

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

Adolf Muganga Mbaijana(Executor of the Estate of the Late Edward Mbaijana) v Emmanuel Basaliza

Adolf Muganga Mbaijana(Executor of the Estate of the Late Edward Mbaijana) v Emmanuel Basaliza (Miscellaneous Application 2 of 2024) [2024] UGHC 109 (27 March 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 2 of 2024

Judge

Wagona, J

The High Court granted substitution of the deceased party’s executor in related civil proceedings, applying Order 24 and the Succession Act, and ordered the applicant to bear costs.

• Party Substitution
• Probate And Estate Administration
• Execution Of Judgments
• Party-substitution
• Civil-procedure
• Probate-and-estate-administration

Ntula & Another v Ssali & Another

Ntula & Another v Ssali & Another (Miscellaneous Application 107 of 2023) [2024] UGHC 305 (15 January 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 107 of 2023

Judge

Katamba Nkwanga, J

The High Court at Masaka granted a request for temporary letters of administration ad litem and substituted the deceased plaintiff’s representatives in a pending civil suit.

• Letters Of Administration Ad Litem
• Party Substitution
• Death Of Party
• Pending Suit
• Estate Administration
• Letters-of-administration-ad-litem

Democratic Governance Facility v Sebei Diocese Community Development & 4 Others

Democratic Governance Facility v Sebei Diocese Community Development & 4 Others (Miscellaneous Application 973 of 2023) [2024] UGCommC 50 (4 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 973 of 2023

Judge

Ocaya, J

The court held that the application for substitution was properly before it, as the Democratic Governance Facility was still in existence at the time of filing. The cessation of operations does not bar substitution, as the law allows for a successor entity to continue the proceedings. The court's inherent powers under Section 98 of the Civil Procedure Act and the broad discretion under Order 1 Rule 13 of the Civil Procedure Rules permit substitution to ensure the ends of justice. The objections raised by the respondents, including prior striking off of the Kingdom of Denmark, mootness, and se…

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• Party Substitution
• Cessation Of Legal Entity
• Inherent Powers Of Court

Amin Virani v Byaruhanga and Another

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…

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• Party Substitution
• Misnomer
• Amendment Of Pleadings
• Probate And Administration
• Trespass To Land

Citizen Alert Foundation (CAF) Limited and 4 Others v attorney General and 3 Others

Citizen Alert Foundation (CAF) Limited and 4 Others v attorney General and 3 Others (Civil Miscellaneous Application No. 135 of 2021) [2021] UGHCCD 17 (1 April 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Miscellaneous Application No. 135 of 2021

Judge

Musa Ssekaana, J

The court held that the proposed amendment to substitute the Parliamentary Commission with the Parliament of Uganda was unnecessary and unjustified, as the Attorney General already represents Parliament in civil proceedings and Parliament of Uganda lacks corporate personality to be sued. The court further found that the applicants' request to file further affidavits was not based on new material facts but rather an attempt to rebut the respondents' affidavits, which is not permissible in judicial review proceedings. Allowing the amendment would prejudice the respondents by potentially circumv…

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• Amendment Of Pleadings
• Judicial Review Procedure
• Party Substitution
• Limitation Periods

Muhwezi-Tindyebwa v Steadfin Uganda Co-operative Savings and Credit Society Limited

Muhwezi-Tindyebwa v Steadfin Uganda Co-operative Savings and Credit Society Limited (Miscellaneous Application No. 286 of 2019) [2020] UGIC 15 (28 August 2020)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application No. 286 of 2019

Judge

Ruhinda-Ntengye, J

The court found that the amalgamation of FSN Uganda Cooperative Society with another SACCO to form the respondent, Steadfin Uganda Co-operative Savings and Credit Society Limited, resulted in the transfer of all assets and liabilities to the new entity as per Section 25 of the Cooperative Societies Act. Order 24 rule 9 of the Civil Procedure Rules permits substitution of parties where there is devolution of interest during the pendency of a suit. The respondent conceded the amalgamation, and there was no evidence of a contrary resolution excluding transfer of liabilities. The court distinguis…

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• Party Substitution
• Amalgamation Of Societies
• Assignment Of Liabilities
• Leave To Amend
• Successor In Title