Mugisha and 7 Others v Kyotera District Land Board (Misc Cause No. 1 of 2021)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

Held that where numerous persons share the same interest in land comprised in former LRV 149 Folio 22 at Buddu Masaka, and have authorized representatives to act on their behalf, leave to sue by representative action is granted. Notice of institution of suit must be served either by personal service or public advertisement as mandated by Order 1 Rule 8(1) CPR, disclosing the nature of the suit, reliefs claimed, and opportunity for interested parties to join.

Outcome

Leave to sue by representative action granted, subject to service of notice by public advertisement in accordance with Order 1 Rule 8(1) CPR

Facts

The applicants are occupants and natives who have occupied land comprised in former LRV 149 Folio 22 at Buddu Masaka (Sango Bay Estates) for over 30 years, having acquired and inherited interests from original natives of the land. The land was leased to Sango Bay Estates in the 1930s, but the lease instrument contained a clause allowing natives to continue using their land, which was excluded from the lease. The respondent District Land Board re-entered the land and terminated the lease. The applicants, authorized by fellow natives and occupants, sought leave to bring a representative action to protect and realize their rights in the suit land.

Issues

1. Whether the applicants should be granted leave to sue by way of a representative action on behalf of themselves and several others under Order 1 Rule 8 of the Civil Procedure Rules.

Orders

• Application allowed.
• Notice of institution of suit to be served by public advertisement to all persons on whose behalf the suit is to be brought.
• The notice must mention all persons intending to bring the representative suit.
• The notice must clearly disclose the nature of the suit, the reliefs sought, and the claims.
• The notice must state particulars of the advocate and address of service.
• The notice must state that other persons interested may apply to be added as parties and the time within which to apply.
• The notice must state it has been issued pursuant to the court's order, citing the date of issuance.
• No order as to costs.

Rules and key headnotes

Legislation cited (2)

• Civil Procedure Rules Order 1 Rule 8
• Civil Procedure Rules Order 1 Rule 22

Cases cited (2)

• Ibrahim Buwembo and Others v UTODA Ltd (HCCS No. 664 of 2003)
• Odama Luiji and 4 Others v The Registered Trustees of Arua Diocese (Miscellaneous Cause No. 17 of 2017)

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