Wakilii

Orishaba & 25 Ors v Gold Trust Bank (U) Ltd (Hct-00-cv-cs-0194-2009)

High Court · [2012] UGHC 294 · 2012 Plaint Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract, misrepresentation, and unfair dismissal; defendant raised preliminary objections
Decision
Plaint struck out for non-compliance with Civil Procedure Rules and failure to disclose a cause of action

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that obtaining court permission to file a representative action under Order 1 rule 8 of the Civil Procedure Rules is mandatory, not optional. Non-compliance renders the plaint incurably defective. Further held that where the plaintiff's own pleadings show termination occurred in accordance with the employment contract and payment of terminal benefits was made, no violation of rights occurred and no cause of action is disclosed. Plaint struck out.

Outcome

Plaint struck out for non-compliance with Civil Procedure Rules and failure to disclose a cause of action

Facts

The plaintiffs sued the defendant bank for breach of contract, misrepresentation, and unfair dismissal, claiming special, general, and exemplary damages. The first plaintiff filed the suit on behalf of himself and 25 others without first obtaining court permission to bring a representative action. The defendant raised preliminary objections that the plaintiffs failed to obtain the mandatory representative order under Order 1 rule 8 of the Civil Procedure Rules, and that the plaint disclosed no cause of action. The plaintiffs' own pleadings showed that the first plaintiff was paid UGX 1,456,730 as terminal benefits and one month's salary in lieu of notice in accordance with his employment contract.

Issues

  1. Whether the plaintiffs obtained the mandatory permission of court to file a representative action under Order 1 rule 8 of the Civil Procedure Rules.
  2. Whether the plaint discloses a cause of action against the defendant.

Orders

  • Plaint rejected for failure to comply with Order 1 rule 8 of the Civil Procedure Rules.
  • Plaint rejected for failure to comply with Order 7 rule 4 of the Civil Procedure Rules.
  • Plaint rejected for disclosing no cause of action under Order 7 rule 11(a) of the Civil Procedure Rules.
  • Costs of the litigation awarded to the defendant.

Rules and key headnotes

Civil Procedure — Representative Actions — Order 1 Rule 8 — Mandatory Nature of Permission Requirement
Where a plaintiff sues on behalf of numerous others having the same interest, obtaining permission of court under Order 1 rule 8 of the Civil Procedure Rules is mandatory, not optional. Non-compliance with this requirement renders the suit incurably defective.
Civil Procedure — Representative Actions — Order 7 Rule 4 — Steps Necessary to Institute Suit
Where a plaintiff sues in a representative character, the plaint must show not only that the plaintiff has an actual existing interest in the subject matter, but that the plaintiff has taken the steps necessary to enable him or her to institute a suit concerning it. Failure to comply with Order 7 rule 4 of the Civil Procedure Rules is not a matter of mere mis-joinder or non-joinder, but renders the suit incurably defective.
Civil Procedure — Cause of Action — Disclosure Requirements
A plaint discloses a cause of action where it shows that the plaintiff enjoyed a right, that the right has been violated, and that the defendant is liable. Where the plaintiff's own pleadings show that termination occurred in accordance with the employment contract and terminal benefits were paid, no violation of rights occurred and no cause of action is disclosed.

Legislation cited (4)

Cases cited (3)

  • Tarlogan Singh v Jaspal Phaguda & Ors (1997-2001 UCLR 408)
  • Auto Garage & Anor v Motokov (No.3) [1971] EA 314
  • Tororo Cement Co. Ltd v Frokina International (Civil Appeal No. 2 of 2001)

Full judgment

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

Orishaba & 25 Ors v Gold Trust Bank (U) Ltd (Hct-00-cv-cs-0194-2009) [2012] UGHC 294 (17 December 2012)
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.