Uganda Case Law

Muwanguzi Moses and Anor v Uganda wood ball Federation and Anor

Muwanguzi Moses and Anor v Uganda wood ball Federation and Anor (Miscellaneous Cause No. 33 of 2021) [2021] UGHCCD 90 (6 August 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 33 of 2021

Judge

Musa Ssekaana, J

The court held that the applicants sued non-existent parties, as the Uganda Woodball Federation and its Electoral Committee do not have legal status to be sued; only the Registered Trustees of Uganda Woodball Federation is a proper legal entity. The law is settled that a suit against a non-existent party is a nullity and cannot be cured by amendment or substitution. Furthermore, the dispute arose from the internal governance of a sports federation, which is regulated by a private constitution and contractual arrangements, placing it outside the scope of judicial review. The applicants also fa…

Source excerpt

• Judicial Review
• Exhaustion Of Remedies
• Proper Parties
• Fair Hearing

M/s Emmaus Foundation Limited & 2 Others v M/s Emmaus Foundation Investments (U) Ltd & Another

M/s Emmaus Foundation Limited & 2 Others v M/s Emmaus Foundation Investments (U) Ltd & Another (MISCELLANEOUS APPLICATION NO. 615 OF 2019) [2020] UGHCCD 34 (14 February 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 615 OF 2019

Judge

Bashaija, J

The High Court dismissed an application for leave to appeal because it was filed out of time and against a respondent who was not a party to the original case.

• Leave To Appeal
• Extension Of Time
• Proper Parties
• Preliminary Objections
• Leave-to-appeal
• Extension-of-time

Bilhwangero v Muhindo (HCT – 01 – CV – CA – 0. 49 OF 2016)

Bilhwangero v Muhindo (HCT – 01 – CV – CA – 0. 49 OF 2016) [2017] UGHCLD 233 (20 September 2017)

Court

HC: Land Division (Uganda)

Case number

HCT – 01 – CV – CA – 0. 49 OF 2016

Judge

Ojok, J

The High Court allowed a land appeal after finding the respondent had sued the wrong party. It set aside the trial decision and awarded costs.

• Ownership Of Land
• Trespass
• Limitation Periods
• Proper Parties
• Remedies
• Land-trespass

Ogwapit Cuthbert v Board of Governors Kibuli S.S.

Ogwapit Cuthbert v Board of Governors Kibuli S.S. (Miscellaneous Application No 278 of 2006) (Miscellaneous Application No 278 of 2006) [2006] UGHC 33 (31 August 2006)

Court

High Court of Uganda

Case number

Miscellaneous Application No 278 of 2006

The High Court dismissed an ex parte judicial review application for leave to seek certiorari and prohibition, finding it defective and filed against the wrong respondent.

• Judicial Review
• Interdiction Of Teachers
• Procedural Fairness
• Proper Parties
• Public Service Discipline
• Judicial-review

Kanoni Importers & Exporters & Anor v Chatrabhut Laxmidas Dalia & Anor

Kanoni Importers & Exporters & Anor v Chatrabhut Laxmidas Dalia & Anor (Civil Suit No.459 of 1993) [1994] UGHC 36 (22 August 1994)

Court

High Court of Uganda

Case number

Civil Suit No.459 of 1993

Judge

Okello, J

The High Court of Uganda adjourned a temporary injunction application after finding confusion over whether all named plaintiffs had authorized the suit.

• Authority To Institute Suit
• Temporary Injunction
• Proper Parties
• Affidavit Evidence
• Authority-to-institute-suit
• Temporary-injunction

Kanoni Importers & Exporters & 25 Others v Chatrabhut & Another

Kanoni Importers & Exporters & 25 Others v Chatrabhut & Another (Civil Suit 459 of 1993) [1994] UGHC 70 (22 August 1994)

Court

High Court of Uganda

Case number

Civil Suit 459 of 1993

Judges

GM OKELLO, J

The High Court adjourned a temporary injunction application sine die after finding unresolved confusion over whether all named plaintiffs had authorized the suit.

• Authority To Institute Suit
• Temporary Injunction
• Proper Parties
• Affidavit Evidence
• Authority-to-institute-suit
• Temporary-injunction

Messrs Ayigihugu & Co. Advocates v Muteteri

Messrs Ayigihugu & Co. Advocates v Muteteri (Civil Suit 871 of 1989) [1990] UGHC 38 (30 August 1990)

Court

High Court of Uganda

Case number

Civil Suit 871 of 1989

Judge

Tsekooko, J

The High Court struck out a suit brought by advocates acting under a power of attorney, holding it should have been filed in the donor’s name, not the attorney’s.

• Power Of Attorney
• Proper Parties
• Exparte Proceedings
• Substitution Of Parties
• Power-of-attorney
• Proper-parties