Wakilii

Abundant Life Faith Church Of Uganda and Another v Ochieng Peter and 6 Others (Miscellaneous Application 376 of 2023)

High Court · [2024] UGHCCD 105 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by Notice of Motion challenging the lawfulness of the registration of a church as a Non-Governmental Organisation and seeking dissolution of its board
Decision
Application dismissed with costs to the Respondents

Observed later treatment

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Holding

The court held that a church registered as an NGO in 1990 remained in existence despite non-renewal of its operating certificate, and that the NGO Bureau lawfully re-registered the organisation and issued a permit under the Non-Governmental Organisations Act 2016. The court found no illegality in the registration process and dismissed the application challenging the registration and constitution of the board. The court further held that procedural errors such as citing a wrong legal provision or mislabelling an application as a miscellaneous application instead of a miscellaneous cause are curable irregularities where jurisdiction exists and the reliefs sought are well grounded.

Outcome

Application dismissed with costs to the Respondents

Facts

The applicants were Abundant Life Faith Church of Uganda (registered as a company limited by guarantee in 1989) and Grivas Musisi, its founding member. Musisi claimed that in 2019, six individuals registered the church as an NGO without authorisation from its members, and were issued a permit by the NGO Bureau to operate the church. The church was first registered as an NGO in 1990 under the NGO Registration Act Cap 113, with renewals in 1992 and 1995 (the last certificate expiring in 2000). The founder and spiritual head, Dr Leslie Archibald Handel, applied for renewal in 2019 under the new NGO Act 2016 and was issued a certificate and permit. Musisi contended that the 2019 registration required a board resolution under the NGO Regulations 2017 and was done without members' authorisation. The respondents countered that the church had been an NGO since 1990, that Dr Archibald initiated all registrations and renewals, that an executive committee was properly constituted in 2018, and that Musisi had not been involved in church affairs until Dr Archibald's death in 2021.

Issues

  1. Whether the application is competently filed before the Court?
  2. Whether the 1st Applicant was lawfully registered by the 7th Respondent?
  3. What remedies are available to the parties?

Orders

  • Application dismissed.
  • Costs awarded to the Respondents.

Rules and key headnotes

Civil Procedure — Competency of Applications — Mislabelling of Application — Curable Irregularities
Citing a wrong law or not citing any law at all is not fatal to an application provided the jurisdiction to grant the relief sought exists; the irregularity or omission can be ignored and the correct law inserted.
Administrative Law — Non-Governmental Organisations — Effect of Non-Renewal of Operating Certificate
Where an NGO registered under the Non-Governmental Organizations Registration Act Cap 113 fails to renew its operating certificate, the organisation remains in existence but is unable to lawfully conduct business; non-renewal does not terminate the life of the organisation.
Administrative Law — Non-Governmental Organisations — Registration under NGO Act 2016 — Transitional Arrangements
Where an NGO was registered under the repealed Non-Governmental Organizations Registration Act Cap 113 and remained in existence but had not renewed its certificate, the NGO Bureau is entitled to re-register the organisation and issue a permit under the Non-Governmental Organisations Act 2016 as if it were a newly registered organisation, relying on information provided during the earlier registration.
Company Law — Companies Limited by Guarantee — Relationship with NGO Registration
Under the Non-Governmental Organizations Registration Act Cap 113, no organisation could be incorporated or register any document under the Companies Act before that organisation was registered with the NGO Board; accordingly, the registration of an organisation as an NGO is not based on its memorandum and articles of association as a company limited by guarantee.

Legislation cited (10)

  • Civil Procedure Act s.98
  • Non-Governmental Organizations Registration Act Cap 113 s.2(1)
  • Non-Governmental Organizations Registration Act Cap 113 s.2(2)
  • Non-Governmental Organizations Registration Act Cap 113 s.2(3)
  • Non-Governmental Organizations Registration Act Cap 113 s.2(4)
  • Non-Governmental Organizations Act 2016 s.29(1)
  • Non-Governmental Organizations Act 2016 s.29(4)
  • Non-Governmental Organizations Act 2016 s.31(1)
  • Non-Governmental Organizations Regulations 2017 reg.4(1)
  • Constitution of Uganda art.126(2)(e)

Cases cited (4)

  • Banco Arabe Espanol v Bank of Uganda [1999] 2 EA 22
  • Saggu v Road Master Uganda Limited [2000] EALR 255
  • Nanjibhi Prabhudas & Co. Ltd v Standard Bank Ltd [19568] EA
  • Re Christine Namatovu Tebajjukira [1992-93] HCB 85

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Abundant Life Faith Church Of Uganda and Another v Ochieng Peter and 6 Others (Miscellaneous Application 376 of 2023) [2024] UGHCCD 105 (28 June 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.