Edward Kakuba v Kamukama Steven and Anor (HCT-00-CC-MC 16 of 2007)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed the application as incompetent. Every suit must be instituted by presenting a plaint as prescribed in Order 4 Rule 1(1) of the Civil Procedure Rules. An ordinary action for recovery of money cannot be commenced, proceeded with and concluded by notice of motion as though it were an interlocutory matter. The applicant failed to follow the express provisions of law for institution of suits.
Outcome
Application dismissed for failure to comply with prescribed procedure for instituting civil suits
Facts
The applicant, a resident of Busia, received agricultural produce from suppliers in Mityana. He had an arrangement with respondent no.1, a friend, whereby he would deposit money into respondent no.1's account with respondent no.2 (Stanbic Bank) for onward transmission to suppliers. On 7 June 2007, the applicant deposited Shs.12,000,000 into respondent no.1's account for transmission to Rajab Kyambadde. Respondent no.1 did not pass on the money and disappeared. The applicant brought proceedings by notice of motion seeking an order directing the bank to transfer the sum from respondent no.1's account to his own account. Respondent no.1 was served by substituted service but did not appear. Respondent no.2 appeared but did not oppose, though questioned whether the procedure was correct.
Issues
- Whether the applicant's proceeding commenced by notice of motion for recovery of money was competent under the Civil Procedure Rules.
- Whether the court could exercise unlimited jurisdiction to order transfer of funds without following prescribed procedure for instituting suits.
Orders
- Application dismissed as incompetent.
- No order as to costs.
Rules and key headnotes
Legislation cited (9)
Full judgment
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