Bukenya Ali and Others v National Environment Management Authority (Miscellaneous Cause No. 92 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted permission for five applicants to bring a representative suit under Order 1 rule 8 of the Civil Procedure Rules on behalf of numerous occupants affected by the respondent's actions. The court invoked section 37 of the Judicature Act to override the respondent's objections regarding the absence of a proposed plaint, noting that the respondent failed to file an affidavit in reply.
Outcome
Application granted with directions for filing representative suit within 21 days
Facts
The applicants, representing numerous occupants of land belonging to the Kabaka of Buganda, sought permission to bring a representative suit against the National Environment Management Authority. The occupants alleged that the respondent had destroyed their properties on the suit land. The applicants were appointed by the affected occupants to represent them in litigation. A list of intended plaintiffs was attached as annexture A to the supporting affidavit. The respondent objected on grounds that the proposed plaint was not attached and some intended plaintiffs had not signed the authorization list. The respondent did not file an affidavit in reply to the application.
Issues
- Whether the applicants satisfied the conditions under Order 1 rule 8 of the Civil Procedure Rules to be permitted to bring a representative suit.
- Whether the failure to attach a proposed plaint was fatal to the application.
- Whether the authorization from intended plaintiffs was sufficient despite some signatures being absent.
Orders
- The applicants are allowed to file a representative suit against the respondent representing the persons who signed on annexture A to the affidavit in support within 21 days.
- The list of intended plaintiffs shall be advertised in the New Vision Newspaper.
- Each party shall bear its own costs.
Rules and key headnotes
Legislation cited (3)
Cases cited (1)
- James Kasavuwu
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.