Kirumira Charles v Birungi Grace, Nakirijja Joyce & Muwanga James (Civil Suit 44 of 2021)

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

The High Court overruled two preliminary objections to a land suit. The court held that where a plaintiff does not plead the existence of a partnership business entity or business name, the Partnership Act and Business Names Registration Act requirements for registration do not apply. The plaintiff, suing as a natural person, has locus standi. The second objection regarding the amended plaint was overruled as the amendment had been made pursuant to a consent order. Costs awarded to the plaintiff.

Outcome

Preliminary objections dismissed; matter to proceed to scheduling and hearing on the substantive suit.

Facts

The Plaintiff, Kirumira Charles, sued the Defendants over property comprised in Busiro Block 383 Plot 13377 at Kitende in Wakiso District. He contended that he entered into a business arrangement with the 1st Defendant, Birungi Grace, under a memorandum of understanding. He alleged that the 1st Defendant fraudulently transferred the suit property to the 2nd Defendant (her mother), who then sold it to the 3rd Defendant. The 1st and 2nd Defendants denied entering into any business arrangement and contended the MOU was a forgery. Before the hearing commenced, the 1st and 2nd Defendants raised two preliminary objections: that the Plaintiff lacked locus standi because he should have sued in the name of the alleged partnership business, and that the amended plaint was filed illegally without leave of court.

Issues

1. Whether the Plaintiff has locus standi to institute the suit in his individual name.
2. Whether the amended plaint was filed illegally without leave of court.

Orders

• Both preliminary objections overruled.
• Costs awarded to the Plaintiff against the 1st and 2nd Defendants.
• Suit to proceed to scheduling on February 13, 2023 at 10am.
• Joint Scheduling Memorandum and Joint Trial Bundle to be filed by February 13, 2023.

Rules and key headnotes

Legislation cited (8)

• Partnership Act s.4(1)
• Partnership Act s.4(2)
• Business Names Registration Act s.2(1)
• Business Names Registration Act s.2(2)
• Business Names Registration Act s.4
• Business Names Registration Act s.5
• Business Names Registration Act s.6
• Civil Procedure Rules Order 6 rule 20

Cases cited (6)

• Vantage Mezzanine Fund II Partnership v URSB and 4 Others (Misc. Cause No. 205 of 2021)
• Regina Kavenya Mutuku and 3 Others v United Insurance Co. Ltd [2002] 1 KLR
• Kithende Appolonia and 2 Others v Eleanor Wismer (Court of Appeal Civil Appeal No. 34 of 2010)
• Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors [1969] EA 696
• Paul Nyamarere v Uganda Electricity Board (in Liquidation) (High Court Misc. Application No. 290 of 2007)
• Kakooza Mutale v Attorney General and Others [2001-2005] HCB 110

Cases citing this judgment (2)

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.

• Mabale Growers Tea Factory Limited v Bamyamooti (Civil Appeal 37 of 2023)
• Sammy J Company and 2 Others v Opportunity Bank U Limited and Another (Miscellaneous Application 185 of 2021)

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