Wakilii

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

High Court · [1996] UGHC 97 · 1996 Preliminary Objection Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking declaration and injunction concerning regency of Toro Kingdom; defendants raised preliminary objections.
Decision
Three individual defendants struck out and ordered to be substituted with the Orukuraato or its representative; Prince Jimmy Mugenyi added as plaintiff; matter to proceed against proper defendant.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the plaintiffs had a reasonable cause of action based on their constitutional right under Article 37 of the 1995 Constitution to promote Toro culture and cultural institutions, but that the three individual Regents were not the proper defendants. The Orukuraato, which elected the Regents, was the proper party to be sued. The court exercised its powers under Order 1 Rule 10(2) of the Civil Procedure Rules to add Prince Jimmy Mugenyi as a plaintiff, struck out the three defendants, and ordered their substitution with the Orukuraato or its representative.

Outcome

Three individual defendants struck out and ordered to be substituted with the Orukuraato or its representative; Prince Jimmy Mugenyi added as plaintiff; matter to proceed against proper defendant.

Facts

Lady Kezia Rukiidi, mother of the late King of Toro Patrick David Mathew Kaboyo Olimi VII (the Nyinenkuru Omukama), and Francis Mugenyi, Secretary to the Orukuraato of Toro, brought suit against three individuals who had been elected as Regents of Toro Kingdom by the Orukuraato. The plaintiffs sought a declaration that the defendants were not lawful Regents and that Prince Jimmy Mugenyi, named by the late King as Omukuza, should take charge of the Royal Household in consultation with the Confidential Council. The late King had apparently designated Prince Jimmy Mugenyi for this role, but the Orukuraato elected the three defendants as Regents instead. The defendants raised preliminary objections claiming 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 action.
  3. Whether the three 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 Rwaboni James, and Msgr. Thomas Kisembo are struck out of the suit.
  • The names of the three defendants be substituted with either the 'Orukuraato' or its representative.
  • Both plaintiffs to pay costs to the three defendants.
  • Plaintiffs given 14 days to serve the proper defendants with the amended plaint.
  • Leave to appeal to the Court of Appeal of Uganda granted.

Rules and key headnotes

Constitutional Law — Cultural Rights — Article 37 of 1995 Constitution — Right to Promote Culture and Cultural Institutions
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 50(1) of the Constitution.
Civil Procedure — Cause of Action — Elements Required — Right, Violation, and Remedy
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, that the right has been violated, and that the defendant is responsible for the violation.
Civil Procedure — Parties — Proper Defendant — Institutional Liability versus Individual Liability
Where defendants are elected to an office by an institution, and there is nothing on record to show individual liability for the alleged violation of rights, the institution which nominated and elected them is the proper party to be sued, not the individuals in their personal capacities.
Civil Procedure — Amendment of Pleadings — Substitution of Parties — Exercise of Court's Powers under Order 1 Rule 10(2)
The court has power under Order 1 Rule 10(2) of the Civil Procedure Rules to add necessary plaintiffs and to strike out improperly sued defendants and substitute them with the proper party where a reasonable cause of action exists but against the wrong defendant.
Civil Procedure — Preliminary Objections — Procedure — Inherent Powers of Court to Strike Out Defective Pleadings
Under its inherent powers, the court has a duty to strike out incurably defective pleadings even where the application is not brought under the laid down procedure, as courts of law cannot sanction what is apparently illegal.

Legislation cited (8)

Cases cited (3)

  • Auto Garage and Others v Motokov (No. 3) [1971] EA 514
  • S.S. Gupta Vs. Inder Sing Bhama 1965 ER. 439
  • H.M.B. Kayondo v Attorney General (1988-90) HCB 127

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 John and Others (Civil Suit 598 of 1996) [1996] UGHC 97 (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.