Milton Obote Foundation Liited v Uganda Peoples Congress (Miscellaneous Application No. 121 of 2019)

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 held that the Uganda Peoples Congress, represented by Hon. James Michael Akena whose election as party president had been declared illegal and void by prior court decisions, lacked locus standi to institute the underlying civil suit. The court applied the principle that an illegality once brought to the court's attention cannot be allowed to stand and overrides all other matters. The application to strike out the suit was granted.

Outcome

Underlying civil suit dismissed for lack of locus standi

Facts

The Respondent (Uganda Peoples Congress) filed Civil Suit No. 282 of 2018 against the Applicant (Milton Obote Foundation Limited) seeking possession of three properties. The Applicant moved to strike out the suit on multiple grounds. Prior court decisions in Miscellaneous Cause No. 86 of 2015 and Civil Appeal No. 20 of 2016 had declared the election of Hon. James Michael Akena as President of UPC illegal, void, and of no legal consequence for violating the UPC Constitution. The Court of Appeal ordered UPC members to conduct nominations and elect a president in conformity with the UPC Constitution. Despite these rulings, the suit was filed in the name of UPC with Hon. Akena identified as party president. The UPC Secretary General had written to the Applicant stating that the UPC Cabinet had not passed any resolution to take possession of the suit properties.

Issues

1. Whether the Respondent/Plaintiff has locus standi to institute Civil Suit No. 282 of 2018.
2. Whether Civil Suit No. 282 of 2018 is time barred by law.
3. Whether the Respondent/Plaintiff has any interest in the Applicant/1st Defendant either as a Promoter, a Member, a Trust beneficiary or a Director.
4. Whether the Respondent/Plaintiff filed Civil Suit No. 282 of 2018 without payment of adequate Court filing fees.
5. Whether Milton Obote Foundation and Uganda Peoples Congress are two separate legal entities.

Orders

• The preliminary point of law is upheld.
• The Respondent has no locus to bring this suit against the Applicants.
• The suit is dismissed with costs to the Applicants.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Rules Order 7 Rule 11(d)
• Civil Procedure Act Cap 71 s.6
• Civil Procedure Act Cap 71 s.98
• Judicature Act s.33
• Civil Procedure Rules Order 52 Rule 1
• Civil Procedure Rules Order 6 Rule 28
• Civil Procedure Rules Order 6 Rule 29

Cases cited (11)

• Herbert Walusimbi and 3 Others (Court of Appeal Civil Appeal No. 86 of 2013)
• Dima Dominic Poro v Inyani and Another (Civil Appeal No. 17 of 2016)
• Njau and Others v City Council of Nairobi [1976-1985] 1 EA 397
• Miscellaneous Cause No. 086 of 2015
• Civil Appeal No. 20 of 2016
• Kisugu Quarries Ltd v Administrator-General [1999] 1 EA
• Mistry Amar Singh v Kulubya [1963] 3 All ER
• Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd (1969)
• Makula International v Cardinal Nsubuga Wamala (1982) HCB 12
• Prof. Edward Kakonge v UPC, UPC Electoral Commission and James Akena (Civil Appeal No. 34 of 2001)
• Company Cause No. 44 of 2017

Cases citing this judgment (1)

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.

• Ssentongo v Kagimu (Misc. Application No. 122 of 2019)

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