Agriexim Uganda Limited v Monday (Miscellaneous Application 8 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court struck out the application with no order as to costs. The applicant, Agriexim Uganda Limited, was found to lack locus standi to maintain the application because the original suit was filed by Agri Exim Limited, a different legal entity. A suit in the name of a wrong plaintiff is a nullity and cannot be cured by amendment.
Outcome
Application struck out on grounds of lack of locus standi
Facts
The applicant sought to review an Assistant Registrar's ruling of 26 April 2022 that closed Civil Suit No. 42 of 2019 in favour of the respondent. The applicant claimed that a balance of UGX 24,133,700 remained unpaid under a consent judgment. The original suit was filed by Agri Exim Limited against Monday Charles for recovery of money. A consent judgment was entered requiring payment of UGX 274,498,700. The respondent asserted he had fully paid the decretal sum through various payments to the applicant's alleged recovery agent and to advocates. The court determined that the applicant in the review application, Agriexim Uganda Limited, was a different entity from Agri Exim Limited, the plaintiff in the original suit, and no evidence was presented to establish any connection between the two entities.
Issues
- Whether the applicant has locus standi to present the application at hand.
- Whether this is a proper application for review.
- Whether the applicant has demonstrated sufficient cause warranting grant of review orders.
Orders
- Application struck out.
- No order as to costs.
Rules and key headnotes
Legislation cited (3)
Cases cited (5)
- Waswa v Moulders (U) Ltd (High Court Miscellaneous Application No. 685 of 2017)
- Fort Hall Bakery Supply Co v Fredrick Mugai Wagoe [1959] 1 EA 474
- Abdulrahman Elamin v Dhabi Group & 2 others (Court of Appeal Civil Appeal No. 215 of 2015)
- Fort Hall Bakery Supply Co v Fredrick Mugai Wagoe [1959] 1 EA 474
- Kayanja v New India Assurance Co Ltd [1968] EA 295
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.