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Civil Procedure [2018] UGCA 133

Kabaka of Buganda Vs Mabirizi Male Kiwanuka

Kabaka of Buganda Vs Mabirizi Male Kiwanuka (Civil Appeal No. 184 of 2017) [2018] UGCA 133 (1 October 2018)

The Court of Appeal held that the respondent's main suit was improperly brought as a public law action under Article 50 of the Constitution, as it concerned private law rights between landlord and tenants and did not disclose a violation of fundamental rights. The respondent lacked locus standi to bring a representative action without naming or obtaining consent from those represented, and without leave of court. As the main suit was incompetent, the discovery orders granted by the High Court were unjustified. The documents sought, including bank statements and land titles, were either irrele…

  • Discovery Of Documents
  • Representative Actions
  • Public Law Vs Private Law
  • Security For Costs
  • Mailo Land Rights
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