Wakilii

Aya Investments (U) Ltd v Maersk (U) Ltd (HCMA 15 of 2015)

High Court · [2015] UGCOMMC 9 · 2015 Preliminary Objection Dismissed; Defence Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for mandatory injunction arising from civil suit; respondent raised preliminary objection that suit was filed against non-existent entity
Decision
Preliminary objection dismissed; defence struck out for lack of locus standi; matter stayed for further submissions on amendment of defendant's name

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where advocates file pleadings on behalf of a party not served with court process and without instructions from the party actually served, they lack locus standi and act unethically under the Advocates Professional Conduct Regulations. The court struck out the defence and reply filed by advocates purporting to act for Maersk Shipping Line when service had been effected on DAMCO Logistics Uganda Limited, the entity to which the originally named defendant had changed its name.

Outcome

Preliminary objection dismissed; defence struck out for lack of locus standi; matter stayed for further submissions on amendment of defendant's name

Facts

Aya Investments sued Maersk (U) Ltd for release of goods detained by the respondent and sought a mandatory injunction. Service of process was effected on and acknowledged by DAMCO Logistics Uganda Limited. Advocates from MMAKS appeared and filed a defence on behalf of Maersk Shipping Line Uganda, raising a preliminary objection that the suit was filed against a non-existent entity. A search at the Uganda Registration Services Bureau revealed that Maersk (U) Ltd was incorporated in 1997, changed its name to APM Global Logistics Uganda Ltd in 2008, and subsequently to DAMCO Logistics Uganda Ltd in 2009. The search also showed that Maersk Shipping Line Uganda Ltd does not exist as a registered company.

Issues

  1. Whether advocates appearing for a party have locus standi when they have not received instructions from the party served with court process.
  2. Whether a suit filed against an entity that has subsequently changed its name is a nullity or can be cured by amendment.

Orders

  • Defence and affidavit in reply filed by MMAKS Advocates struck out.
  • Application stayed pending further submissions on whether the defendant's name should be amended to DAMCO Logistics (U) Ltd.

Rules and key headnotes

Civil Procedure — Locus Standi — Advocates appearing without instructions from party served
An advocate has no locus standi to file pleadings on behalf of a party that has not been sued or served with court process where the advocate has not received instructions from the party actually served, and such conduct amounts to an abuse of court process and a breach of professional ethics under the Advocates (Professional Conduct) Regulations.
Civil Procedure — Advocates' Professional Conduct — Requirement of instructions
Under rule 2(1) of the Advocates (Professional Conduct) Regulations SI 267-2, no advocate shall act for any person unless he or she has received instructions from that person or his or her duly authorised agent.
Civil Procedure — Service of Process — Effect of service on entity with changed name
Where a party is sued under its original registered name but has subsequently changed its name, and service is effected on and acknowledged by the entity under its new name, the question of whether the suit is a nullity or can be cured by amendment is a matter for determination after proper submissions.

Legislation cited (3)

Cases cited (1)

  • Trustees of Rubaga Miracle Centre v Mulangira Simbwa (HCMA No. 576 of 2006)

Full judgment

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

Aya Investments (U) Ltd v Maersk (U) Ltd (HCMA 15 of 2015) [2015] UGCommC 9 (27 January 2015)
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.