Wakilii

Muwanguzi Moses and Anor v Uganda wood ball Federation and Anor (Miscellaneous Cause No. 33 of 2021)

High Court · [2021] UGHCCD 90 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of decision to remove applicants from electoral candidates list
Decision
Application dismissed for suing non-existent parties and for improper use of judicial review to challenge private body decisions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the judicial review application on two independent grounds. First, the applicants sued non-existent parties — the proper respondent was the Registered Trustees of Uganda Woodball Federation, not Uganda Woodball Federation. A suit against a non-existent party is a nullity that cannot be cured by amendment or substitution. Second, the application was improper for judicial review because the dispute arose from a private sports federation governed by contract and constitution, not public law. Judicial review does not lie against decisions of private bodies whose jurisdiction derives solely from contractual arrangements. Additionally, the applicants failed to exhaust internal dispute resolution mechanisms provided in the federation's constitution.

Outcome

Application dismissed for suing non-existent parties and for improper use of judicial review to challenge private body decisions

Facts

The applicants sought to contest elections for executive positions in Uganda Woodball Federation scheduled for 30 January 2021. The federation's electoral committee removed the applicants' names from the list of candidates without offering them a hearing. The applicants applied for judicial review to compel restoration of their names and prohibition of the election. The respondents contended that the proper legal entity was the Registered Trustees of Uganda Woodball Federation, registered as a trustee on 7 May 2016, not Uganda Woodball Federation. The respondents also argued that the applicants had not exhausted internal dispute resolution procedures provided in the federation's constitution, which required disputes to be submitted to an arbitration panel appointed by congress. The applicants represented themselves while the respondents were represented by counsel.

Issues

  1. Whether the Respondents are the proper parties to be sued.
  2. Whether the Application was premature.
  3. Whether this is a proper case for judicial review.
  4. Whether the Applicants were given a fair hearing.
  5. What are the remedies available.

Orders

  • Application dismissed.
  • Costs awarded to the respondents' counsel.

Rules and key headnotes

Civil Procedure — Proper Parties — Suits Against Non-Existent Entities — Effect and Remedy
A suit in the name of a non-existent plaintiff or defendant is a nullity and cannot be cured by amendment to substitute a party with legal existence. Where a party has no legal existence, there is no valid plaint or application at all, and the matter must be rejected or dismissed.
Judicial Review — Amenability — Private Bodies — Jurisdiction Derived from Contract
Judicial review is available only for matters of public law. Decisions of private or domestic tribunals that derive their jurisdiction over individuals solely from contract remain outside the ambit of judicial review and are regulated by private law, not public law.
Judicial Review — Private Sports Bodies — Amenability to Review
A sports federation that regulates its activities through a constitution and whose jurisdiction over members derives from contractual arrangements is a private body. Its decisions cannot be challenged by way of judicial review as they do not involve the exercise of public law functions.
Judicial Review — Exhaustion of Remedies — Internal Dispute Resolution Mechanisms
An applicant seeking judicial review must exhaust existing remedies available within the public body or under the law before approaching the court. Where a body's constitution provides internal dispute resolution procedures, an applicant must follow those procedures and demonstrate why they are inadequate or inappropriate before resorting to judicial review.
Administrative Law — Scope of Judicial Review — Public versus Private Law
Judicial review is a supervisory jurisdiction over activities of public authorities in the field of public law. It does not extend to bodies whose authority derives solely from private contractual relationships, even if those bodies perform regulatory functions within their sphere.

Legislation cited (6)

Cases cited (18)

  • Buganda Land Board v Wampamba (Miscellaneous Cause No. 622 of 2013)
  • Fort Hall Bakery Supply Co v Frederick Muigai Wangoe [1959] 1 EA 474
  • Trustees of Rubaga Miracle Centre v Mulangira Simbwa (High Court Miscellaneous Application No. 516 of 2005)
  • Auto Garage v Motokov [1971] EA 514
  • Registered Trustees, Nile Education Society Jinja v Medical Superintendent Jinja Hospital (Miscellaneous Application No. 27 of 2015)
  • John Ntambi v Attorney General and Another (Civil Suit No. 275 of 1987)
  • Abdurahman Elamin v Dhabi Group and 2 Others (Civil Suit No. 432 of 2012)
  • Joseph Mpamya v Attorney General (High Court Civil Suit No. 2 of 1995)
  • Fort Hall Bakery Supply Co v Frederick Muigai Wangoe [1959] EA 474
  • Benjamin Sajjabi t/a Namataba v Timber Manufacturers Limited [1978] HCB 202
  • Aristoc Booklex Limited v Vienna Academy Limited (High Court Miscellaneous Application No. 503 of 2000)
  • Law v National Greyhound Racing Club [1983] 1 WLR 1302
  • R v Football Association of Wales, ex parte Flint Town Football Club [1991] C.O.D 44
  • R v Football Association Ltd ex parte Football League Ltd [1993] 2 All E.R 833
  • R v Jockey Club ex parte Massingberd-Mundy [1993] 2 All E.R 207
  • Water & Environment Media Network v NEMA and Another (High Court Civil Division Consolidated Miscellaneous Cause Nos. 239 & 255 of 2020)
  • Anny Katabaazi-Bwengye v Uganda Christian University (High Court Civil Division Miscellaneous Cause No. 268 of 2017)
  • Fuelex Uganda Ltd v Attorney General and 2 Others (High Court Miscellaneous Cause No. 48 of 2014)

Full judgment

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

Muwanguzi Moses and Anor v Uganda wood ball Federation and Anor (Miscellaneous Cause No. 33 of 2021) [2021] UGHCCD 90 (6 August 2021)
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.