Wakilii

Mumya v Mukhwana & 33 Others (Miscellaneous Application 255 of 2023)

High Court · [2024] UGHC 856 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under Section 98 of the Civil Procedure Act to dismiss the underlying civil suit on grounds of procedural irregularities
Decision
Underlying Civil Suit No. 11 of 2017 dismissed for procedural irregularities

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A plaint signed by one plaintiff purporting to act for and on behalf of 33 co-plaintiffs, without filing powers of attorney or a representative order at the time of presentation, is a nullity. Order 7 Rule 14 of the Civil Procedure Rules requires authorization to sue on behalf of others to be filed when the plaint is presented. Failure to do so negates locus standi and the cause of action. The underlying civil suit was accordingly dismissed.

Outcome

Underlying Civil Suit No. 11 of 2017 dismissed for procedural irregularities

Facts

34 plaintiffs instituted Civil Suit No. 11 of 2017 concerning land at Ayorei Village. The plaint was signed singularly by the 1st plaintiff, Mukhwana Eliud, purporting to act for and on behalf of all plaintiffs. No powers of attorney or representative order were attached to the plaint when filed in 2017. In 2020, the 1st plaintiff obtained powers of attorney from some co-plaintiffs and filed them on record. The applicant (defendant in the main suit) challenged the suit on grounds that: the 1st plaintiff had no authority to institute proceedings on behalf of others without attaching authorization at filing; some co-plaintiffs protested their inclusion in the suit; some co-plaintiffs were deceased; and the plaint disclosed no cause of action. The respondents contended that all plaintiffs were lay persons who allowed the 1st plaintiff to sign, and that all attended court initially. They argued the procedural irregularity could be cured by amendment.

Issues

  1. Whether there exists a representative order in the suit
  2. Whether the suit discloses a cause of action
  3. Whether the suit is a nullity as it is being prosecuted against a dead person
  4. What remedies are available

Orders

  • Application allowed with costs to be paid by the 1st respondent.
  • Civil Suit No. 11 of 2017 dismissed with costs to be paid by the 1st plaintiff.

Rules and key headnotes

Civil Procedure — Pleadings — Signature Requirements — Authority to Sue on Behalf of Others
Order 7 Rule 26 of the Civil Procedure Rules requires every pleading to be signed by an advocate or by the party if he or she sues or defends in person. Where a plaintiff purports to sign a plaint for and on behalf of multiple co-plaintiffs, the requirement to sign is intended to avoid impersonation and confusion which would arise later upon conclusion of the case.
Civil Procedure — Documents to be Filed with Plaint — Authorization to Sue on Behalf of Others — Mandatory Requirement
Order 7 Rule 14(1) of the Civil Procedure Rules requires that where a plaintiff sues upon a document in his or her possession or power, he or she shall produce it in court when the plaint is presented, and shall deliver the document or a copy to be filed with the plaint. This provision is mandatory. The authority to institute proceedings on behalf of another must precede the institution of a suit. Powers of attorney obtained and filed after the suit is instituted do not salvage the suit.
Civil Procedure — Locus Standi — Failure to File Authorization — Effect on Cause of Action
A document upon which a plaintiff sues or claims locus standi to sue must be filed with the plaint. Where the document upon which a plaintiff purports to sue is not attached or filed together with the plaint, there is no proof of locus standi by the plaintiff and hence no substantial cause of action. Failure to attach evidence of authority conferring powers to sue upon a person purporting to sue for and on behalf of others is prejudicial to a defendant and negates such plaintiff's locus standi as well as the cause of action in the plaint.
Civil Procedure — Rejection and Striking Out of Plaints — Plaint Disclosing No Cause of Action
Order 7 Rule 11 provides that the plaint shall be rejected where it does not disclose a cause of action. A plaint that fails to establish locus standi by omitting to file mandatory authorization at the time of presentation discloses no cause of action and must be rejected.
Civil Procedure — Proceedings Against Deceased Persons — Scope of Prohibition — Interlocutory Applications Distinguished
The law bars instituting proceedings as well as continuing with proceedings against a deceased person. However, this principle applies with full force where the suit is heard on merit in the absence of a legal representative of a deceased person. The prohibition does not apply to interlocutory applications intended to bring illegalities in the main suit to the attention of the court, which may be determined on the court's own motion without prejudice to the parties.

Legislation cited (15)

Cases cited (9)

  • Abdalla v Agony (HCMA No. 67 of 2016)
  • Pathak (Babubhai Dhanji) v Mrekwe (Zainab) [1964] EA 24 (T)
  • Interfreight Forwarders (U) Ltd v East African Development Bank (SCCA No. 33 of 1992)
  • Fredrick Zabwe v Orient Bank Ltd and 5 Others (SCCA No. 04 of 2006)
  • Maji Real Estate (U) Ltd and Another v Aulogo Cooperatives Savings & Credit Society Ltd (HCMA No. 28 of 2017)
  • Fakrudin Vallibhai Kapesh and Another v Kampala District Land Board (HCCS No. 570 of 2015)
  • Unicofi Ltd v Interfreight Forwarders (Civil Suit No. 912 of 1996)
  • Tororo Cement Co. Ltd v Frokina International Co. Ltd (SCCA No. 2 of 2001)
  • Eriakim Kasegu and 10 Others v Francis Kaahwa (HCCA No. 12 of 2022)

Full judgment

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

Mumya v Mukhwana & 33 Others (Miscellaneous Application 255 of 2023) [2024] UGHC 856 (11 September 2024)
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.