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Dr. Arinaitwe Raphael & 37 Ors v IGG (HCT-OO-CV-CS-0349-2007 ) (HCT-OO-CV-CS-0349-2007)

High Court · [2008] UGHC 25 · 2008 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection by defendant challenging competence of plaint and whether it discloses a cause of action
Decision
Preliminary objection dismissed; matter to proceed to scheduling conference and trial on the merits

Observed later treatment

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Holding

The High Court dismissed the defendant's preliminary objections that the plaint was incompetent and failed to disclose a cause of action. The court held that 38 plaintiffs suing jointly and severally for breach of employment contracts did not constitute a representative suit requiring special court orders. The court further held that the plaint disclosed a cause of action based on allegations of contract extension by conduct, which could only be determined after hearing evidence. The defendant's attempt to argue the merits through preliminary objection was rejected as improper procedure.

Outcome

Preliminary objection dismissed; matter to proceed to scheduling conference and trial on the merits

Facts

Thirty-eight plaintiffs, former employees of the Inspectorate General of Government, sued for alleged breach of employment contracts, claiming special damages of Shs. 686,972,828.08 in unpaid emoluments, general damages for breach and defamation, and compensation for loss of employment. The defendant denied liability and filed a preliminary objection arguing the plaint was incompetent because it was based on expired contracts and failed to disclose a cause of action. The defendant contended the suit improperly presented two plaintiffs without court authority, violated joinder rules, and that renewal of contracts was discretionary. The plaintiffs alleged their contracts had been extended by the defendant's conduct and representations.

Issues

  1. Whether the plaint is incompetent and defective
  2. Whether the plaint discloses a cause of action against the defendant

Orders

  • Objections raised by the defendant disallowed for lack of merit.
  • Plaintiffs awarded costs attendant to this ruling in any event.
  • Scheduling Conference set for 23 April 2009 at 12:00 noon.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Joint and Several Claims Distinguished from Representative Suits
Multiple persons may be joined as plaintiffs in one suit under O.1 r.1 of the Civil Procedure Rules where they each have a right to relief arising out of the same transaction, whether jointly, severally, or in the alternative, and a representative suit requiring court authorization under O.1 r.8(1) arises only where one or more persons purport to represent others, not where all parties sue in their own right.
Civil Procedure — Cause of Action — Test for Disclosure in Plaint
Whether a plaint discloses a cause of action must be determined upon perusal of the plaint alone, together with anything attached to form part of it, and upon the assumption that any express or implied allegations of fact in it are true; a cause of action is disclosed where the pleadings show the plaintiff enjoyed a right, that the right has been violated, and that the defendant is liable.
Civil Procedure — Preliminary Objections — Limits on Scope and Proper Use
A preliminary objection raises a pure point of law argued on the assumption that all facts pleaded by the other side are correct; it cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion, and points that should be argued in the normal manner after evidence should not be improperly raised by way of preliminary objection.
Employment & Labour — Contracts of Employment — Extension by Conduct or Representation
Where a plaint alleges that expired employment contracts were extended by the employer's conduct and representations, the question of whether such extension occurred is a matter of both law and fact that can only be resolved after hearing evidence from both parties and cannot be determined on a preliminary point of law.

Legislation cited (9)

  • Civil Procedure Rules O.1 r.1
  • Civil Procedure Rules O.1 r.8(1)
  • Civil Procedure Rules O.1 r.12(2)
  • Civil Procedure Rules O.4 r.1(2)
  • Civil Procedure Rules O.6 r.1(a)
  • Civil Procedure Rules O.6 r.28
  • Civil Procedure Rules O.7 r.1(e)
  • Civil Procedure Rules O.7 r.11
  • NSSF Act Cap. 222

Cases cited (4)

  • Jeraj Shariff & Co v Chotal Fancy Stores (1960) E.A. 374
  • Auto Garage & Others v Motokov (No. 3) [1971] E.A. 514
  • Lt. David Kabareebe v Maj. Prossy Nalweyiso (Court of Appeal No. 34 of 2003)
  • Mukisa Biscuit Manufacturing Co Ltd v West End Distributors Ltd (1969) E.A. 696

Full judgment

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

Dr. Arinaitwe Raphael & 37 Ors v IGG (HCT-OO-CV-CS-0349-2007 ) (HCT-OO-CV-CS-0349-2007) [2008] UGHC 25 (9 December 2008)
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.