Wakilii

Ofwono Alfred Rezin v Ofwono Nankya Juliet and Another (Civil Suit 1065 of 2021)

High Court · [2025] UGHCLD 75 · 2025 Suit Dismissed — Lack of Locus Standi AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objection challenging plaintiff's locus standi based on non-compliance of power of attorney with Stamp Duty Act
Decision
Suit dismissed for lack of locus standi without determination on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a power of attorney not stamped in accordance with Section 14 of the Stamp Duty Act Cap 339 is inadmissible in evidence under Section 31 of the same Act. Where a plaintiff sues through an attorney under an unstamped power of attorney, the plaintiff lacks locus standi to maintain the suit. The suit was dismissed for lack of locus standi with no order as to costs.

Outcome

Suit dismissed for lack of locus standi without determination on the merits

Facts

The plaintiff instituted a suit through a lawful attorney seeking declarations of ownership of land in Mutungo Parish, Nakawa Division, a permanent injunction restraining the defendants from interfering with possession, general damages, and costs. The power of attorney authorising the attorney to bring the suit was deponed on 27 February 2025. The 2nd defendant raised a preliminary objection that the power of attorney did not comply with the Stamp Duty Act Cap 339 because stamp duty had not been paid. Both parties agreed that stamp duty had not been paid on the power of attorney. The plaintiff argued that non-payment should not curtail the right to a fair hearing under Article 28 of the Constitution and cited cases where courts adjourned proceedings to allow payment of stamp duty. The 2nd defendant countered that those cases predated the current Stamp Duty Act and that the Act's provisions are mandatory.

Issues

  1. Whether the power of attorney authorising the plaintiff to bring the suit complies with the provisions of the Stamp Duty Act Cap 339.
  2. Whether non-compliance with the Stamp Duty Act renders the power of attorney inadmissible and deprives the plaintiff of locus standi.

Orders

  • Preliminary objection raised by counsel for the 2nd defendant upheld.
  • Civil Suit No. 1065 of 2021 dismissed for lack of locus standi.
  • No order as to costs.

Rules and key headnotes

Locus Standi — Power of Attorney — Compliance with Stamp Duty Act
A power of attorney that is not stamped in accordance with Section 14 of the Stamp Duty Act Cap 339 is inadmissible in evidence under Section 31 of the Act and cannot form the basis of a party's locus standi to institute or maintain proceedings.
Stamp Duty — Instruments Executed Outside Uganda — Time Limit for Stamping
Under Section 14 of the Stamp Duty Act Cap 339, an instrument chargeable with duty which is wholly executed outside Uganda must be stamped within thirty days of being received in Uganda. An instrument is stamped when it bears an impressed stamp of the proper amount affixed or used in accordance with the law.
Preliminary Objections — Locus Standi — Effect of Non-Compliance with Statutory Requirements
Where a preliminary objection raises a fundamental defect in locus standi arising from non-compliance with mandatory statutory requirements, the court may dismiss the suit without going into its merits to prevent abuse of process.

Legislation cited (4)

Cases cited (3)

  • Lamusa Majid v Aramathan Nsadhu and Another (HCCA No. 20 of 2008)
  • Kensington Africa Ltd v Pankaj Kumar Hemraji Shah and Another (HCMA No. 687 of 2012)
  • Akidi Hellen v Ocii Alex (Misc. App. No. 025 of 2023)

Full judgment

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

Ofwono_Alfred_Rezin_v_Ofwono_Nankya_Juliet_and_Another_(Civil_Suit_1065_of_2021)_[2025]_UGHCLD_75_(19_May_2025)
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.