Iganga Talkies Ltd v Hussein Badda (Miscellaneous Application No. 142 of 2020)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application for temporary injunction dismissed. Affidavit in support struck out where power of attorney relied upon was granted by individuals who were strangers to the applicant company rather than by the company itself. A company being a distinct legal person must grant authority through proper corporate channels. Deponent lacked capacity to swear affidavit on behalf of applicant.

Outcome

Application dismissed with costs to the Respondent

Facts

The applicant company filed an application for a temporary injunction to prevent the respondent from demolishing existing structures and constructing new ones on suit property. The application arose from pending Land Suit No. 080 of 2019. The affidavit in support was sworn by Ali Mukidadi Mulikiriza claiming to hold powers of attorney to represent the applicant. The power of attorney attached was issued to Mulikiriza by Indira Kishor Jobanputra and Nirmala Kachhela, individuals acting as executor and wife of a deceased person. The certificate of title to the suit land was registered to Iganga Talkies Limited, the applicant company.

Issues

1. Whether the affidavit in support of the application was properly sworn by a person with authority to represent the applicant company.
2. Whether a temporary injunction should issue to preserve the status quo pending determination of the main suit.

Orders

• Affidavit in support struck out.
• Application dismissed.
• Costs awarded to the Respondent.

Rules and key headnotes

Legislation cited (3)

• Civil Procedure Rules Order 41 Rule 1
• Civil Procedure Rules Order 41 Rule 9
• Civil Procedure Act Cap 71 s.98

Cases cited (1)

• Kaheru Yassin and Another v Zinorumuri David (Miscellaneous Application No. 82 of 2017)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Namara and 3 Others v Attorney General and 5 Others (Civil Miscellaneous Application No. 142 of 2020)

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