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Print & Stationery Supplies (U) Ltd v Kitgum District Administration (Civil Suit 926 of 1994)

High Court · [1996] UGHC 99 · 1996 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection by defendant to plaintiff's plaint in a civil suit for breach of contract
Decision
Preliminary objection overruled; suit to proceed to trial on its merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court overruled the defendant's preliminary objection. Held that where a suit is instituted in the name of a wrong party through a bona fide mistake and it is necessary to determine the real matter in dispute, the court may substitute or add the correct party. The continued use of the former name by both parties after the statutory change constituted a bona fide mistake. The defendant failed to file an affidavit to clarify the statutory notice issue. The preliminary objection was overruled with costs to the plaintiff.

Outcome

Preliminary objection overruled; suit to proceed to trial on its merits

Facts

Print & Stationery Supplies (U) Ltd filed a suit against Kitgum District Administration for breach of contract, claiming special and general damages, costs and interest. The plaint was filed on 21st December 1994. Before the hearing, the defendant raised a preliminary objection on two grounds: first, that the suit was misconceived because Kitgum District Administration ceased to exist with effect from 31st December 1993 under the Resistence Council Statute 1993, which repealed the Local Administration Act 1967; second, that statutory notice required under the Government Proceedings Act 1969 was not properly served. The parties had continued corresponding using the former name after the statutory change. The notice was served by speed delivery and was received by one Okello, executive secretary. Both parties filed submissions on the objection.

Issues

  1. Whether the suit was misconceived because the plaintiff sued a non-existent party, Kitgum District Administration, after it ceased to exist under the Resistence Council Statute 1993.
  2. Whether the plaintiff properly served statutory notice on the defendant as required by the Government Proceedings Act 1969.
  3. Whether the plaint could be amended to substitute the correct name of the defendant.

Orders

  • Preliminary objection overruled.
  • Costs awarded to the plaintiff.
  • Leave to appeal against this order granted.

Rules and key headnotes

Parties — Amendment — Substitution of Wrong Party
Where a suit has been instituted in the name of a wrong person as plaintiff or defendant through a bona fide mistake, and it is necessary for the determination of the real matter in dispute, the court may at any stage order any other person to be substituted or added as a party upon such terms as the court thinks fit.
Local Government — Change of Name — Effect on Proceedings
Where a local authority's name is changed by statute but the parties continue to correspond and transact using the former name, and a suit is instituted using the former name, this constitutes a bona fide mistake and the plaint may be amended to substitute the correct entity, as the body corporate remains the same despite the change of name.

Legislation cited (7)

Cases cited (2)

  • Ssajjabi vs. Manufacture 1974 HCB p 202
  • Kasule vs. Kasuja 1979 HCB p 99

Full judgment

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

Print & Stationery Supplies (U) Ltd v Kitgum District Administration (Civil Suit 926 of 1994) [1996] UGHC 99 (23 February 1996)
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.