Wakilii

Ocamgui and Another v Kasavubu (Misc Cause No. 28 of 2021)

High Court · [2022] UGHCCD 133 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by chamber summons for a representative order to institute suit on behalf of 53 other plaintiffs
Decision
Representative order granted permitting applicants to institute suit on behalf of themselves and 53 other persons

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicants satisfied all three conditions under Order 1 rule 8 of the Civil Procedure Rules for grant of a representative order. All intended plaintiffs had an actual and existing interest in the suit land as residents claiming beneficial interests derived from the original registered owners; all had given written authorization; and a proposed plaint showing the list of represented persons and their common interest was filed. The application was granted permitting the applicants to institute a representative suit on behalf of 53 other persons.

Outcome

Representative order granted permitting applicants to institute suit on behalf of themselves and 53 other persons

Facts

The applicants and 53 other persons are residents of three villages in Pakanyi Sub county, Masindi District, situated on land comprised in LRV 2747, Folio 1, Buruli Block 2, plot 2. The land originally belonged to three persons registered as tenants in common with equal shares under a leasehold certificate of title running from 1979 for 49 years. The respondent is the son of one of the original three owners. The applicants and intended plaintiffs claim to have lived on and cultivated the land since the 1980s, with developments including houses and burial sites. They allege that in 1999 the respondent illegally registered himself as sole owner of the entire land and began evicting them and destroying their property. The applicants sought a representative order to sue on behalf of all 53 persons claiming to be bonafide occupants. The respondent opposed, asserting he is the registered proprietor and that the applicants do not qualify as bonafide occupants.

Issues

  1. Whether the Applicants are entitled to an order to file a representative suit

Orders

  • A representative order doth issue granting the applicants powers to institute a representative suit against James M. Kasavubu (Respondent) on behalf of 53 (Fifty three) other plaintiffs.
  • The notice of institution of a suit shall be pinned on the High Court notice Board, Notice board at Pakanyi Sub county Headquarters and in the Daily New Vision Newspaper.
  • Costs of the application shall abide the outcome of the intended suit.

Rules and key headnotes

Civil Procedure — Representative Suits — Conditions for Grant of Representative Order
For a court to grant a representative order under Order 1 rule 8 of the Civil Procedure Rules, three conditions must be satisfied: (a) all plaintiffs or defendants have an actual and existing interest in the subject matter of the intended suit; (b) all persons represented have authorized the applicant to sue or defend in writing; and (c) the application is brought with a proposed plaint or defence showing the list of all persons represented and that all have the same actual and existing interest.
Civil Procedure — Representative Suits — Actual and Existing Interest
Persons seeking to bring a representative suit have an actual and existing interest in the subject matter where they all derive their interests from the same original owners, all claim to be in occupation of the land, and all seek to protect their beneficial interests against the same alleged wrongful acts by the defendant.
Civil Procedure — Representative Suits — Purpose and Rationale
Order 1 rule 8 of the Civil Procedure Rules is intended to save time and costs by avoiding the granularity of considering individual claims of each represented party and preventing multiplicity of suits where the claims raise common issues of law and fact based on the same cause of action.

Legislation cited (2)

  • Civil Procedure Rules O.1 r.8(1)
  • Civil Procedure Rules O.1 r.8(3)

Cases cited (1)

  • Smith & Ors v Cardiff Corporation (1954) 1 QB 210

Full judgment

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

Ocamgui and Another v Kasavubu (Misc Cause No. 28 of 2021) [2022] UGHCCD 133 (26 August 2022)
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.