Wakilii

Campos v De Souza and Others (C.C. 236-1933.)

East African Court of Justice · [1933] EACJ 4 · 1933 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking declaration of invalidity of committee election and injunction against committee members
Decision
Suit dismissed on preliminary objection that plaint disclosed no claim sustainable at law

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Members of a club committee may not be sued as individuals in matters affecting club affairs. Following English precedent under Order XVI Rule 9, any such action must be against the club as a whole or its representatives. The Court cannot authorize representatives to be sued without prior application under Order I Rule 8. Where club members sue in a representative capacity, the Court must direct them to give notice of the suit under Order I Rule 8.

Outcome

Suit dismissed on preliminary objection that plaint disclosed no claim sustainable at law

Facts

The plaintiffs, suing personally and representing members of the Goan Institute Nairobi, sought a declaration that the election of the committee of management was invalid and an injunction restraining six defendants from managing the club's affairs. The Goan Institute was a members' club. The plaint alleged members were beneficially interested in club property. The plaintiffs claimed the defendants were elected through breach of club rules. The defendants raised a preliminary objection that no cause of action was disclosed against them as individuals, arguing that any action should be brought against the club as a whole or against the committee as representatives.

Issues

  1. Whether members of a club committee can be sued as individuals in matters affecting the affairs of the club.
  2. Whether the Court can authorize representatives to be sued without prior application under Order I, Rule 8 of the Civil Procedure Rules.
  3. Whether plaintiffs suing in a representative capacity must give notice of the institution of the suit under Order I, Rule 8.

Orders

  • Suit dismissed.
  • Costs awarded against the plaintiffs.

Rules and key headnotes

Civil Procedure — Representative Actions — Members' Clubs — Capacity to Sue Committee Members
Members of the committee of management of a members' club may not be sued as individuals in matters affecting the affairs of the club; any such action must be against the club as a whole or its representatives.
Civil Procedure — Representative Actions — Court Authorization — Order I Rule 8
The Court cannot authorize representatives to be sued in a representative capacity without application first being made to it under Order I, Rule 8 of the Civil Procedure Rules.
Civil Procedure — Representative Actions — Notice Requirements
In a suit brought by club members in a representative capacity, it is necessary for the Court to direct the plaintiffs to give notice of the institution of the suit under Order I, Rule 8, to safeguard the rights of all interested persons.
Administrative Law — Members' Clubs — Common Interest in Club Property
All members of a club have equal rights in club property based on their common interest, and the club as a body must be sued where an action concerns this common interest; all members must be given an opportunity of defending such an action.
Civil Procedure — Representative Actions — Committee Members Acting in Representative Capacity
Committee members elected by a general meeting, even if allegedly elected through breach of rules, hold club property only in their representative capacity and not as individuals, and cannot be sued individually in matters affecting club management.

Legislation cited (1)

Cases cited (5)

  • Harrison v The Marquis of Abergavenny (1888) 57 LT 360
  • Wood v McCarthy [1893] 1 QB 775
  • Thellusson v Viscount Valentia [1907] 2 Ch 1
  • Hardie and Lane Ltd v Chiltern [1928] 1 KB 663
  • Bedford v. Ellis, 1901, A.C.

Full judgment

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

Campos v De Souza and Others (C.C. 236-1933.) [1933] EACJ 4 (1 January 1933)
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.