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Bethany Women & Family Hospital Uganda v Beatrice Akol Onek and Another (Miscellaneous Application 2800 of 2025)

High Court · [2026] UGCOMMC 31 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under Order 7 Rule 11 CPR to reject plaint for failure to disclose a cause of action, arising from main suit HCCS No. 1157 of 2025
Decision
Application dismissed; main suit to proceed to hearing on merits

Observed later treatment

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Holding

The court held that a plaint discloses a cause of action where the respondents, as registered proprietors of land, granted a power of attorney to a company to execute a tenancy agreement on their behalf. Section 158 of the Contracts Act provides a statutory exception to the doctrine of privity of contract, allowing principals to enforce contracts entered into through their agents. The respondents possessed locus standi as registered proprietors with a proprietary interest in the demised premises. The application to reject the plaint was dismissed.

Outcome

Application dismissed; main suit to proceed to hearing on merits

Facts

The respondents, registered proprietors of Plot 14 Kabalega Close, Luzira, granted a power of attorney to Bomah Hotels Ltd on 30 October 2018 to manage the property and execute tenancy agreements. On 31 October 2018, Bomah Hotels Ltd, acting as agent, executed a tenancy agreement with the applicant hospital. The applicant paid rent directly to the respondents' personal joint accounts. The respondents subsequently filed suit HCCS No. 1157 of 2025 for breach of the tenancy agreement. The applicant brought this application under Order 7 Rule 11 CPR, arguing that the respondents were not parties to the tenancy agreement and therefore the plaint disclosed no cause of action. The applicant contended that the agreement was between Bomah Hotels Ltd and the hospital, and that the respondents signed only as company representatives.

Issues

  1. Whether the Plaint in HCCS No. 1157 of 2025 discloses a cause of action against the Applicant.

Orders

  • The Application is hereby dismissed.
  • HCCS No. 1157 of 2025 shall proceed to hearing on its merits.
  • Costs shall abide the outcome of the suit.

Rules and key headnotes

Contract Law — Privity of Contract — Agency — Statutory Exception under Contracts Act s.158
Section 158 of the Contracts Act provides a statutory exception to the doctrine of privity of contract. A contract entered into through an agent and obligations arising from acts done by the agent under the contract shall be enforced in the same manner and have the same legal consequences as if the contract was entered into or done by the principal.
Land & Property — Power of Attorney — Registration of Titles Act s.146 — Appointment of Agent
Under Section 146(1) of the Registration of Titles Act, the proprietor of land may appoint any person to act for him or her in transferring that land or otherwise dealing with it by signing a power of attorney. A donee of a power of attorney acts as an agent of the donor.
Civil Procedure — Cause of Action — Disclosure — Order 7 Rule 11 CPR
To determine whether a plaint discloses a cause of action, the court must look only at the plaint and its annexures and assume that the facts pleaded are true. A cause of action requires three essential elements: the plaintiff enjoyed a right, the right has been violated, and the defendant is liable.
Civil Procedure — Locus Standi — Registered Proprietor — Sufficient Interest
Registered proprietors of land possess locus standi to institute proceedings relating to that land. To satisfy the threshold of locus standi, a claimant must demonstrate a sufficient interest in the subject matter of the dispute, which requires proof of a concrete financial or legal interest in the suit's resolution.
Contract Law — Agency — Principal's Right to Enforce Contract
Where a principal grants a power of attorney to an agent to execute a tenancy agreement, the principal retains the right to enforce that contract in their own name without needing to sue through the agent. The agency relationship creates a nexus between the principal and the contract sufficient to confer standing.

Legislation cited (9)

Cases cited (11)

  • Tororo Cement Company Ltd v Frokina International Ltd (Civil Appeal No. 21 of 2000)
  • National Social Security Fund & Anor v Alcon International Ltd (Supreme Court Civil Appeal No. 15 of 2009)
  • Ben Kavuya & Others v Wakanyira David George (Civil Appeal No. 31 of 2021)
  • Kiiza v Kashaija & 3 Others (High Court Civil Suit No. 894 of 2019)
  • Connie Watuwa & Others v Attorney General (Miscellaneous Application No. 544 of 2020)
  • Moorgate Mercantile Co. Ltd v Twitchings QB 225
  • Auto Garage v Motokov (No. 3) [1971] EA 514
  • Attorney General v Maj. Gen. Tinyefuza (Supreme Court Civil Appeal No. 1 of 1997)
  • Dunlop Pneumatic Tyre Co Ltd v. Selfridge Ltd [1915] AC 847
  • Fredrick Zaabwe v Orient Bank Ltd and 5 Others (Supreme Court Civil Appeal No. 04 of 2006)
  • Njau and others v. City Council of Nairobi [1976-1985] 1 EA 397

Full judgment

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

Bethany Women & Family Hospital Uganda v Beatrice Akol Onek and Another (Miscellaneous Application 2800 of 2025) [2026] UGCommC 31 (31 January 2026)
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.