Oliver Namyeka & 2 Others V Parliamentary Commission
Oliver Namyeka & 2 Others V Parliamentary Commission (Civil Appeal No. 59 of 2013) [2019] UGCA 2014 (30 July 2019)
The Court of Appeal found that the trial Judge erred in striking out the Parliamentary Commission as a party to the suit. The original trial Judge had correctly found a cause of action against the Commission, and all necessary parties were already before the court. The Twinobusingye case was misapplied; it established a functional test, not a blanket rule excluding the Commission from being sued. The actions complained of—arrest by the Sergeant at Arms—fell within the Commission's statutory functions. The principle of functus officio prevented the second Judge from revisiting the earlier ruli…
Source excerpt
- Joinder And Striking Out Of Parties
- Functus Officio
- Representation Of Government Entities
- Cause Of Action
- Stare Decisis