Wakilii

Lady Kezia Rukiidi and Another v Katuramu and Others (Civil Suit 598 of 1996)

High Court · [1996] UGHC 60 · 1996 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking declaration and injunction regarding customary regency of Toro Kingdom
Decision
Individual defendants struck out; plaintiffs ordered to amend plaint to sue the Orukuraato or its representative; Prince Jimmy Mugenyi added as plaintiff

Observed later treatment

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Holding

The court held that the plaintiffs had a reasonable cause of action to enforce their constitutional right under Article 37 to promote Toro cultural institutions, but the three individual Regents were improperly sued. The Orukuraato (Supreme Council) that elected the Regents was the proper defendant. The court added Prince Jimmy Mugenyi as a plaintiff, struck out the three individual defendants, and ordered their substitution with the Orukuraato or its representative. Costs awarded to the defendants.

Outcome

Individual defendants struck out; plaintiffs ordered to amend plaint to sue the Orukuraato or its representative; Prince Jimmy Mugenyi added as plaintiff

Facts

Lady Kezia Rukiidi, mother of the late Omukama (King) Patrick David Mathew Kaboyo Olimi VII of Toro, and Francis Mugenyi, Secretary to the Orukuraato (Supreme Council) of Toro Kingdom, brought suit against three individuals elected as Regents by the Orukuraato. The plaintiffs sought a declaration that the defendants were not lawful Regents under Toro customs and that Prince Jimmy Mugenyi, named by the late Omukama, should take charge of the Royal Household. They also sought an injunction restraining the defendants from performing cultural functions of the Omukama. The defendants raised preliminary objections that the plaint disclosed no cause of action and that the plaintiffs lacked locus standi.

Issues

  1. Whether the plaint disclosed a reasonable cause of action against the three defendants.
  2. Whether the plaintiffs had locus standi to bring the suit.
  3. Whether the defendants were properly sued in their individual capacities as Regents.
  4. Whether the proper defendant should have been the Orukuraato (Supreme Council of Toro Kingdom).

Orders

  • Prince Jimmy Mugenyi be added as plaintiff to the suit.
  • The three defendants (Katuramu John, Canon Rwabon James, and Msgr. Kisembo Thomas) were improperly sued and are struck out of the suit.
  • The names of the three defendants be substituted with either the Orukuraato or its representative.
  • Both plaintiffs do pay costs to the three defendants.
  • Plaintiffs given 14 days to serve the proper defendants with the amended plaint.
  • Plaintiffs granted leave to appeal to the Court of Appeal of Uganda.

Rules and key headnotes

Civil Procedure — Preliminary Objections — Cause of Action — Requirements for Valid Cause of Action
To support a cause of action, the pleadings must show that the plaintiff has a right which entitles him to the legal redress being sought.
Constitutional Law — Cultural Rights — Right to Promote Cultural Institutions under Article 37
Under Article 37 of the Constitution of Uganda 1995, persons have a constitutional right to belong to, enjoy, practice and promote their culture and cultural institutions, which right is enforceable under Article 126(2)(e).
Civil Procedure — Parties — Proper Parties — Liability of Elected Representatives versus Electing Body
Where defendants are nominated and elected by an institution and there is nothing on record to show individual liability for the alleged violation, liability lies with the electing institution which is the proper party to be sued, not the elected individuals in their individual capacities.
Civil Procedure — Parties — Joinder and Substitution — Powers under Order 1 rule 10(2) CPR
The court has power under Order 1 rule 10(2) of the Civil Procedure Rules to add necessary parties and to strike out improperly sued parties and substitute them with the proper parties where justice so requires.
Civil Procedure — Pleadings — Striking Out — Court's Inherent Powers
The court has inherent powers to strike out incurably defective pleadings even where the application is not brought under the laid down procedure, as the courts cannot sanction what is apparently illegal.

Legislation cited (8)

Cases cited (3)

  • Auto Garage and others v Motokov (No. 3) (1971)
  • S.S. Gupta v Inder Sing Bhama (1965)
  • H.M.B. Kayondo v Attorney General (1988-90)

Full judgment

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

Lady Kezia Rukiidi and Another v Katuramu and Others (Civil Suit 598 of 1996) [1996] UGHC 60 (5 November 1996)
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.