Jobile Bunye Nicholas and Others v Aloro Ismail Binbung and Others (Miscellaneous Cause 43 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

The High Court granted leave to file a representative suit under Order 1 Rule 8 of the Civil Procedure Rules, finding that 10 applicants representing 28 clan members satisfied the requirement of having the same interest in customary land measuring approximately 136.56 acres. The court directed that notice must be served personally on all intended parties and observed that the substantive claim for trespass on customary land should be filed in the Chief Magistrate's Court under the Magistrates Court Act s.206(2), not the High Court.

Outcome

Leave granted to file representative suit with directions on service of notice and proper forum for substantive claim

Facts

Ten applicants from the Muru Clan of the Reli Tribe sought leave to file a representative suit on behalf of 28 clan members claiming customary ownership of approximately 136.56 acres at Morobi Village, Obongi District. The 1st applicant, clan chief, claimed inheritance from his father Kasiano Bunye in 1984, tracing title through multiple generations. The clan possessed and farmed the land according to customary practices. Around 2018, the 1st and 2nd respondents from the Ketingi Clan allegedly gave the land to establish Bongilo Primary School (3rd respondent), which cultivated the land. A clan meeting on 19 December 2023 resolved the trespass issue and authorized 10 members to represent all 28 in a representative suit. Pre-action correspondence was exchanged between the parties' lawyers.

Issues

1. Whether there are sufficient grounds to grant the application for leave to file a representative suit.

Orders

• Application allowed.
• Applicants granted leave to file a representative suit on their behalf and on behalf of the other listed intending plaintiffs.
• Notice of the institution of the suit must be served personally on all persons on whose behalf the suit is intended to be instituted and on all intended respondents, in accordance with Order 1 Rule 8(4) of the Civil Procedure Rules.
• The notice must clearly disclose the nature of the suit and reliefs claimed; include names of authorized representatives and their advocates; inform interested persons they may apply to be made parties within a prescribed time; and declare it was issued pursuant to court order.
• The substantive plaint should be filed in the Magistrate's Court and not the High Court.
• No order as to costs.

Rules and key headnotes

Legislation cited (4)

• Civil Procedure Act Cap. 71 s.98
• Civil Procedure Rules S.I. 71-1 Order 1 Rule 8(1)
• Civil Procedure Rules S.I. 71-1 Order 1 Rule 22
• Magistrates Court Act s.206(2)

Cases cited (1)

• Odama Luiji and 5 Others v The Registered Trustees of Arua Diocese (Miscellaneous Cause No. 17 of 2017)

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