Wakilii

Baluku Suraimani (Suing through his lawful attorney)& Anor v Uganda Electricity Transmission Company Limited (Complaint Number EDT 48 of 2018)

Tribunal · [2018] UGEDT 5 · 2018 Complaint Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Complaint before the Electricity Disputes Tribunal with preliminary objection on locus standi
Decision
Complaint struck out for lack of locus standi

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The tribunal struck out the complaint for lack of locus standi. Where a complainant sues through a power of attorney, the power of attorney document must be attached to the complaint as required by Order 7 Rule 14 of the Civil Procedure Rules. Failure to attach the document renders the complaint incompetent and unsustainable. The tribunal also declined to grant an adjournment by letter where counsel failed to provide sufficient details of the case or inform opposing counsel of his absence.

Outcome

Complaint struck out for lack of locus standi

Facts

Baluku Suraiman, suing through his attorney Thembo Enock, filed a complaint against Uganda Electricity Transmission Company Ltd before the Electricity Disputes Tribunal. When the matter came up for hearing, counsel for the complainant (Mr. Guma) was absent, having sent a letter dated 22 May 2018 seeking an adjournment on grounds that he was attending High Court in Mbarara. The complainant's attorney Thembo Enock was also absent. Counsel for the respondent opposed the adjournment and raised a preliminary objection that no power of attorney had been attached to the complaint as required by Order 7 Rule 14 of the Civil Procedure Rules. During the proceedings, Baluku Sulaiman appeared but did not explain the absence of his attorney or whether the power of attorney had been withdrawn.

Issues

  1. Whether the tribunal should grant an adjournment based on counsel's letter indicating attendance at High Court in Mbarara.
  2. Whether the complaint is competent where the complainant sues through a power of attorney but fails to attach the power of attorney document as required by Order 7 Rule 14 of the Civil Procedure Rules.

Orders

  • Complaint struck out with costs to the Respondent.

Rules and key headnotes

Civil Procedure — Locus Standi — Power of Attorney — Requirement to Attach Document
Where a complainant sues through a power of attorney, the power of attorney document must be produced and attached to the complaint as required by Order 7 Rule 14 of the Civil Procedure Rules. Failure to attach the power of attorney renders the complaint incompetent and unsustainable for lack of locus standi.
Civil Procedure — Adjournments — Adjournment by Letter — Requirements
A tribunal generally does not accept adjournment by letter except in exceptional or deserving cases. Where counsel seeks an adjournment by letter without providing sufficient details of the case (parties and case number) and without informing opposing counsel or the tribunal in advance of his absence, the adjournment will be refused.

Legislation cited (1)

Cases cited (2)

  • John Sebataana v Abanenamer Yorokamu and Francis Lwanga (HCCS No. 99 of 2005)
  • Fakrudin Vallibhai Kapasi v Kampala District Land Board and Another (HCC No. 570 of 2015)

Full judgment

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

Baluku Suraimani (Suing through his lawful attorney)& Anor v Uganda Electricity Transmission Company Limited (Complaint Number EDT 48 of 2018) [2018] UGEDT 5 (23 May 2018)
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.