Wakilii

M/S Allidina Twegaise Traders Association & Anor v Jinja Municipal Council & Anor (Civil Suit No. 048 of 2013)

High Court · [2015] UGHCCD 166 · 2015 Plaint Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for permanent injunction, cancellation of title, and declaratory orders concerning property on Plot 60-62 Allidina Road, Jinja. Both defendants raised preliminary objections that the plaint disclosed no cause of action.
Decision
Plaint struck out for disclosing no cause of action; plaintiffs lacked capacity and locus standi to bring the suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaint disclosed no cause of action against either defendant. The first plaintiff, a limited company, was not itself a tenant and had no proprietary interest in the suit property. The reliefs sought could only be claimed by a party with proprietary interest and would not directly benefit the plaintiffs. The plaintiff company ought to have obtained an order for representative action under Order 1 rule 8 CPR to sue on behalf of individual tenants. The plaint was struck out with costs to the defendants.

Outcome

Plaint struck out for disclosing no cause of action; plaintiffs lacked capacity and locus standi to bring the suit

Facts

The plaintiffs sought a permanent injunction restraining the defendants from demolishing a building on Plot 60-62 Allidina Road, Jinja, cancellation of title issued to the second defendant, and a declaration that the building did not encroach on market land. The building contained 10 shops with individual tenants. The first plaintiff was a limited company comprising the tenants, but was not itself a tenant. The tenants had lodged a complaint with the Inspectorate of Government, which investigated and recommended withdrawal of the certificate of title. Both defendants raised preliminary objections that the plaint disclosed no cause of action.

Issues

  1. Whether the plaint disclosed a cause of action against the defendants.
  2. Whether the first plaintiff, a limited company that was not itself a tenant, had locus standi to bring the suit.
  3. Whether the plaintiffs were required to obtain a representative order under Order 1 rule 8 CPR to sue on behalf of individual tenants.

Orders

  • Plaint struck out for disclosing no cause of action against both defendants.
  • Costs of the proceedings awarded to the defendants.

Rules and key headnotes

Civil Procedure — Cause of Action — Essential Ingredients
A cause of action is established if three essential ingredients are pleaded: that the plaintiff enjoyed a right; that such right was violated; and that it is the defendant who violated that right.
Civil Procedure — Striking Out — Plaint Disclosing No Cause of Action
Under Order 7 rule 11 CPR, a plaint shall be rejected where it does not disclose a cause of action. A limited company that is not itself a tenant and has no proprietary interest in suit property cannot claim reliefs that can only be made by a party with proprietary interest, even if the company comprises individual tenants.
Civil Procedure — Representative Action — Order 1 Rule 8 CPR
Where a company purports to sue on behalf of individual members whose interests are independent of the company, it must obtain a representative order under Order 1 rule 8 CPR. A plaint filed without such an order discloses no cause of action and will be struck out.
Land & Property — Locus Standi — Tenants and Proprietary Interest
Sitting tenants who are mere licensees with only an obligation to pay rent have no proprietary interest in suit premises and lack locus standi to seek cancellation of title or declaratory orders concerning ownership or encroachment.

Legislation cited (3)

Cases cited (6)

  • Bugiri Market Vendors and Development Association v Bugiri Town Council (Civil Suit No. 57 of 2001)
  • Nassan Wasswa & 9 Others Vrs. Uganda Rayon Textiles (1982) HCB 137
  • N.A.S Airport Services Ltd. Vrs. A.G. (1959) EA 53
  • Drummond Jackson Vrs. British Medical Association (1970) 1 WLR 688
  • Republic Vrs. Dunn (1965) EA 567
  • Auto Garage Vrs. Motokov (1971) EA 514

Full judgment

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

M_S Allidina Twegaise Traders Association & Anor Vs Jinja Municipal Council & Anor (Civil Suit No. 048 of 2013) [2015] UGHCCD 166 (8 January 2015)
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.