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Civil Procedure [2020] UGHCCD 148

Bunyoro Kitara Reparations Agency Ltd v Attorney General & 3 Others

Bunyoro Kitara Reparations Agency Ltd v Attorney General & 3 Others (CIVIL SUIT NO. 23 OF 2016) [2020] UGHCCD 148 (12 May 2020)

The court found that the plaintiff failed to comply with the mandatory requirements of Order 1 Rule 8 of the Civil Procedure Rules by not naming and particularising all intended plaintiffs, not seeking their consent, and not advertising the full list of those represented. The court further held that the suit was brought on behalf of an unregistered association, which has no legal capacity to sue or be sued, and that this defect could not be cured by subsequently involving a registered company. As a result, there was no proper suit before the court, and the preliminary objection was upheld, le…

  • Representative Actions
  • Capacity To Sue
  • Order 1 Rule 8
  • Notice Requirements
  • Unregistered Associations
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