Wakilii

Buganda Land Board v Wampamba (Misc. Cause No. 622 of 2013)

High Court · [2014] UGHCLD 91 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out plaint for suing a non-existent party arising from civil suit
Decision
Civil suit against Buganda Land Board dismissed for suing non-existent party

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that Buganda Land Board is not a body corporate with legal capacity to sue or be sued. It is a business arm of Buganda Kingdom managing kingdom land and buildings. Under Article 246(3)(a) of the Constitution, the institution of a traditional leader is a corporate sole with capacity to sue and be sued. The proper party to sue should have been the Kabaka of Buganda. A suit against a non-existent party is bad in law and cannot be cured by amendment. Application granted and civil suit dismissed.

Outcome

Civil suit against Buganda Land Board dismissed for suing non-existent party

Facts

The respondent instituted Civil Suit No. 244 of 2013 against Buganda Land Board, naming it as a body corporate capable of being sued. Buganda Land Board filed this application to strike out the plaint, arguing it is not a body corporate and has no legal capacity to sue or be sued. The respondent did not file an affidavit in reply despite being served. The applicant's affidavit deposed that Buganda Land Board is a non-existent entity with no legal capacity. The court conducted independent investigations and found that Buganda Land Board is a business arm of Buganda Kingdom managing kingdom land and buildings, not a separate legal entity.

Issues

  1. Whether the Buganda Land Board has legal capacity to sue or be sued.
  2. Whether the plaint should be struck out for suing a non-existent party.
  3. Whether a suit against a non-existent party can be cured by amendment or substitution.

Orders

  • Application granted.
  • Civil Suit No. 244 of 2013 against the Buganda Land Board dismissed for being instituted against an entity having no legal existence.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Legal Capacity — Suits Against Non-Existent Parties
A suit instituted for or against a non-existent person or entity is bad in law and constitutes an abuse of court process.
Civil Procedure — Amendment — Non-Existent Parties
Where a suit is filed against a non-existent party, this error goes to the root of the claim and substitution of such a party with a real or corporate person cannot be permitted in law.
Administrative Law — Traditional Institutions — Legal Personality
Under Article 246(3)(a) of the Constitution, the institution of a traditional leader or cultural leader is a corporate sole with perpetual succession and with capacity to sue and be sued and to hold assets or properties in trust for itself and the people concerned.
Evidence — Burden of Proof — Legal Capacity
Where a plaintiff avers in the plaint that the defendant is a body corporate capable of being sued, the burden of proof shifts to the plaintiff to prove the proper legal capacity of the defendant to sue and to be sued.
Evidence — Affidavits — Failure to Rebut
Where certain facts are sworn in an affidavit and the other party does not file an affidavit in rebuttal, the facts are presumed to have been accepted by the other party.
Land & Property — Buganda Kingdom Land — Proper Party to Sue
Buganda Land Board is a business arm of Buganda Kingdom managing kingdom land and buildings and is not a separate legal entity. The proper party to be sued in matters concerning kingdom land is the Kabaka of Buganda as a corporate sole under Article 246(3)(a) of the Constitution.

Legislation cited (6)

Cases cited (5)

  • Fort Hall Bakery Supply Co v Fredrick Muigai Wangoe [1959] 1 EA 474
  • Trustees of Rubaga Miracle Centre v Mulangira Simbwa (HCMA No. 516 of 2005)
  • Auto Garage v Motokov [1971] EA 514
  • Bagamugunda Vincent v UEB (in liquidation) (HCCS No. 400 of 2007)
  • Samwiri Massa v Rose Achen [1978] HCB 297

Full judgment

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

Buganda Land Board v Wampamba (Misc. Cause No. 622 of 2013) [2014] UGHCLD 91 (20 February 2014)
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.