Wakilii

Bakaine v Sessanga (Miscellaneous Application 2767 of 2024)

High Court · [2024] UGHCLD 294 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out plaint for non-disclosure of cause of action arising from Civil Suit No. 142 of 2022
Decision
Civil Suit No. 142 of 2022 struck out for want of locus standi

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court held that where letters of administration were revoked by a prior judgment, the purported administrators lacked locus standi to commence suit on behalf of the estate. Lack of locus standi is directly linked to lack of cause of action. The plaint must be struck out under Order 7 rule 11(a) where plaintiffs lack valid letters of administration at the time of commencing the action.

Outcome

Civil Suit No. 142 of 2022 struck out for want of locus standi

Facts

The 1st and 2nd respondents filed Civil Suit No. 142 of 2022 claiming to be beneficiaries and administrators of the estate of the late Albert Mackay Kalula Mukasa. Letters of administration in Administration Cause No. 225 of 2013 had been granted to them. However, those letters of administration were revoked by the High Court in Civil Suit No. 179 of 2013 (George Kasedde Mukasa & Ors v Mukasa Kibuuka and Anor) on grounds that they were obtained fraudulently. The respondents' subsequent application for review (No. 309 of 2022) was dismissed. Rightful administrators were granted letters of administration in Administration Cause No. 1338 of 2004 following determination of Civil Suit No. 1021 of 2004. The applicant sought to strike out the plaint on the ground that the 1st and 2nd respondents lacked locus standi to bring the suit.

Issues

  1. Whether Civil Suit No. 142 of 2022 should be dismissed for non-disclosure of cause of action against the applicant.

Orders

  • The plaint and Civil Suit No. 142 of 2022 are hereby struck out for want of locus standi.
  • The applicant is awarded costs.

Rules and key headnotes

Civil Procedure — Striking Out — Locus Standi — Administrator with Revoked Letters of Administration
A party must be clothed with locus standi at the time of commencing an action. Where letters of administration have been revoked by court, the purported administrators lack locus standi to commence or maintain any action on behalf of the estate.
Civil Procedure — Cause of Action — Relationship Between Locus Standi and Cause of Action
Lack of locus standi is directly linked to lack of a cause of action. A plaint brought by a plaintiff without locus standi does not disclose a cause of action and must be struck out under Order 7 rule 11(a) of the Civil Procedure Rules.
Civil Procedure — Striking Out — Test for Non-Disclosure of Cause of Action
In determining whether a plaint discloses no cause of action, the court must look at the plaint and its annexures if any, and nowhere else.

Legislation cited (1)

Cases cited (4)

  • Kapeka Coffee Works Ltd v NPART (Court of Appeal Civil Appeal No. 3 of 2000)
  • Fakhruddin Vallibhali Kapasi & Anor v Kampala District Land Board & Anor (High Court Civil Suit No. 570 of 2016)
  • Samuel Mubiru Kizito v Edward Sekabanja Kato T/A Sekabanja and Co Advocates (Miscellaneous Application No. 1844 of 2022)
  • George Kasedde Mukasa & Ors v Mukasa Kibuuka and Anor (Civil Suit No. 179 of 2013)

Full judgment

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

Bakaine_v_Sessanga_(Miscellaneous_Application_2767_of_2024)_[2024]_UGHCLD_294_(10_December_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.