Wakilii

Charles Van Der Perre v Pinnacle Security Ltd & Anor (Civil Suit No. 599 of 2013)

High Court · [2014] UGCOMMC 179 · 2014 Preliminary Objections Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objections raised by defendants in written statement of defence and during mediation
Decision
Matter to proceed to full trial after amendment of misnomer

Observed later treatment

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Holding

The High Court Commercial Division overruled all preliminary objections raised by the defendants. The court held that the apparent naming of two companies as one defendant constituted a misnomer curable by amendment under Order 1 Rule 10 of the Civil Procedure Rules. The value of the subject matter was disclosed in the plaint. Proper filing fees had been paid and endorsed. The question of whether the plaintiff had a cause of action, including issues of liability and alleged illegality under the Firearms Act, were matters for evidence at full trial, not preliminary determination.

Outcome

Matter to proceed to full trial after amendment of misnomer

Facts

The plaintiff sued defendants for unpaid terminal benefits of US$3,900 arising from employment with Pinnacle Security Uganda Ltd, and US$4,500 for supply of weapons under a sale agreement. The defendants were named as "Pinnacle Security Services Ltd/SPC Protectorate" and Kayemba Vincent. Defendants raised preliminary objections: that the first defendant was a nonexistent legal entity (as Pinnacle Security Services Ltd and SPC Protectorate were separately incorporated companies in 2009 and 1996 respectively); that the value of the subject matter was not disclosed; that proper filing fees had not been paid; and that the plaint disclosed no cause of action. Defendants also argued that the weapons sale agreement was illegal ab initio under the Firearms Act Cap 299 s.39(2).

Issues

  1. Whether the first defendant is a nonexistent legal entity from whom no reliefs can be sought.
  2. Whether the value of the subject matter is disclosed in the plaint.
  3. Whether proper filing fees were paid.
  4. Whether the plaint discloses a cause of action.

Orders

  • Preliminary objections overruled.
  • Plaintiff directed to amend the misnomer in the naming of the defendants.
  • Matter to proceed to full trial.

Rules and key headnotes

Civil Procedure — Preliminary Objections — Misnomer — Effect on Suit Competence
Where two separately incorporated companies are named together as a single defendant in a plaint, and evidence shows the existence of both companies, the error constitutes a misnomer that can be corrected by amendment under Order 1 Rule 10 of the Civil Procedure Rules without rendering the suit incompetent.
Civil Procedure — Preliminary Objections — Value of Subject Matter — Disclosure Requirements
Where the plaint clearly states the monetary amounts claimed in its prayer, the value of the subject matter is sufficiently disclosed for purposes of Order 7 Rule 1 of the Civil Procedure Rules, and any objection on grounds of non-disclosure is not sustainable.
Civil Procedure — Preliminary Objections — Cause of Action — Illegality
Whether a contract is illegal and therefore gives rise to no cause of action is a matter requiring adducing of extrinsic evidence at full trial and cannot be determined at the preliminary objection stage. A preliminary objection must raise a pure point of law argued on the assumption that all facts pleaded are correct, without requiring ascertainment of facts or extrinsic evidence.

Legislation cited (7)

Cases cited (8)

  • Fort Hall Bakery Supply Co. v Fredrick Muigai Wangoe [1959] EA 474
  • Airstoc Booklex Ltd v Vienna Academy Ltd (High Court Civil Application No. 503 of 2003)
  • UNTA Export Ltd v Custom [1970] EA 648
  • Auto Garage v Motokov [1971] EA 314
  • Makula International v Cardinal Nsubuga (Civil Appeal No. 4 of 1981)
  • Kilembe Mines Limited v Uganda Gold Mines Ltd (Miscellaneous Application No. 312 of 2012)
  • Nakawa-Naguru Residents Association v Attorney General & Another (Civil Suit No. 146 of 2011)
  • Mukisa Biscuit Manufacturing Co. v West End [1969] EA 696

Full judgment

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

Charles Van Der Perre v Pinnacle Security Ltd & Anor (Civil Suit No. 599 of 2013) [2014] UGCommC 179 (18 December 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.