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16 Dec 2022

Land And Property [2022] UGHCCD 263

Kirumira v Birungi and 2 Others (HCCS 44 of 2021)

Kirumira v Birungi and 2 Others (HCCS 44 of 2021) [2022] UGHCCD 263 (16 December 2022)

Court: HC: Civil Division (Uganda)
Case number: HCCS 44 of 2021
Judge: Basaza, J

The court found that the plaintiff did not plead the existence of a business entity or partnership, nor was any business name assigned to the alleged arrangement. Therefore, the provisions of the Partnership Act and Business Names Registration Act cited by the defendants do not apply. The objection regarding locus standi was misplaced, as the plaintiff sued in his own name as a natural person, which is permissible. The objection to the amended plaint was also overruled, as leave to amend had been granted by consent order. Both preliminary objections were found to lack merit and were overruled…

Source excerpt

Locus Standi
Preliminary Objection
Amendment Of Plaint
Business Arrangement
Registration Of Business Names

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16 Dec 2022

Civil Procedure [2022] UGHCLD 318

Kirumira Charles v Birungi Grace, Nakirijja Joyce & Muwanga James

Kirumira Charles v Birungi Grace, Nakirijja Joyce & Muwanga James (Civil Suit 44 of 2021) [2022] UGHCLD 318 (16 December 2022)

Court: HC: Land Division (Uganda)
Case number: Civil Suit 44 of 2021
Judge: Basaza Waswa, J

The court found that the plaint did not plead the existence of a partnership business or a business entity, nor was a business name assigned to the alleged arrangement. Therefore, the provisions of the Partnership Act and Business Names Registration Act do not apply. The objection regarding locus standi was misplaced, as the plaintiff sued in his own name as a natural person, which is permissible. The objection to the amended plaint was also overruled, as leave to amend had been granted by consent order. Both preliminary objections were found to lack merit and were overruled, with costs award…