Wakilii

Kiyemba v Uganda Wild life Authority & Anor (CIVIL SUIT NO. 299 OF 2014)

High Court · [2016] UGHCCD 79 · 2016 Preliminary Objection Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection to plaint in first instance civil suit brought under Article 50 of the Constitution
Decision
Plaint struck out for non-compliance with Civil Procedure Rules

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a suit brought on behalf of 176 identifiable farmers without obtaining leave of court under O.1 r.8 of the Civil Procedure Rules is incurably defective and must be struck out. The mandatory nature of O.1 r.8 cannot be circumvented by framing the action as public interest litigation under Article 50 where the beneficiaries are known and identifiable persons. The plaintiff also lacked locus standi as he demonstrated no personal interest in the suit separate from the 176 farmers.

Outcome

Plaint struck out for non-compliance with Civil Procedure Rules

Facts

The plaintiff filed suit under Article 50(1) of the Constitution seeking declarations and compensation on behalf of 176 farmers from Purong sub-county in relation to activities by the defendants in a protected area. The plaintiff described himself as a Ugandan citizen and human rights advocate. The 1st defendant filed a Written Statement of Defense objecting to the plaint and promised to raise preliminary points of law. The defendants raised preliminary objections that the plaint was incompetent because it was brought on behalf of 176 identifiable farmers without first obtaining leave of court under O.1 r.8 of the Civil Procedure Rules, and that the plaintiff had no personal interest or locus standi in the matter. The plaintiff argued the suit was properly brought as public interest litigation under Article 50 and that his interests differed from those of the 176 farmers.

Issues

  1. Whether the plaint in this case is fatally defective for being brought on behalf of 176 farmers without first obtaining leave of court.
  2. Whether the plaintiff has no interest in this suit or locus standi to bring this suit.
  3. Whether the suit should be struck out with costs.

Orders

  • Preliminary objection upheld.
  • Plaint struck out with costs to the 1st and 2nd defendants.

Rules and key headnotes

Civil Procedure — Representative Suits — O.1 r.8 Civil Procedure Rules — Mandatory Requirement for Leave
Where there are persons having the same interests in one suit, O.1 r.8 of the Civil Procedure Rules is mandatory and requires one or more such persons to obtain permission of court before suing on behalf of all persons so interested. A suit brought in representative capacity without leave of court is incompetent and incurably defective.
Constitutional Law — Public Interest Litigation — Article 50 — Distinction from Representative Suits
Public interest litigation under Article 50 of the Constitution is bonafide litigation instituted for the benefit of the public. A suit brought on behalf of known and identifiable persons is not public interest litigation and cannot circumvent the mandatory requirements of O.1 r.8 of the Civil Procedure Rules by framing the action under Article 50.
Civil Procedure — Locus Standi — Representative Actions — Personal Interest Requirement
In a representative action, the plaintiff must demonstrate a personal interest in the suit separate from the interests of those he seeks to represent. Where a plaintiff seeks reliefs solely on behalf of others and demonstrates no independent cause of action, he lacks locus standi to bring the suit.
Civil Procedure — Striking Out — Incurably Defective Pleadings — Representative Suits Without Leave
Non-compliance with O.1 r.8 of the Civil Procedure Rules in representative suits is not a matter of mis-joinder or non-joinder but renders the suit incurably defective. Such a suit cannot be amended or stayed but must be struck out.

Legislation cited (5)

Cases cited (7)

  • Henry Kamoga & 5 Others v Bank of Uganda (HCCS No. 62 of 2009)
  • Dr. James Rwanyarare & Another v Attorney General (Constitutional Petition No. 11 of 1997)
  • BAT (Uganda) Vs The Environment Action Network
  • Kayima v Lugoora Par Pre Kichumbi Bavista Katwerana Society [1982] HCB 33
  • Tarlogan Singh v Jaspal Phaguda & others [1997-2001] ULR 408
  • Rev. Mtikila v Attorney General of Tanzania (HCCS No. 51 of 1993)
  • Kasozi Joseph & 50,000 others v UMEME (U) Ltd (HCCS No. 188 of 2010)

Full judgment

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

Kiyemba v Uganda Wild life Authority & Anor (CIVIL SUIT NO. 299 OF 2014) [2016] UGHCCD 79 (30 August 2016)
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.