Wakilii

Proline Soccer Academy v Lawrence Mulindwa & 4 oers (HCT-00-CV-MA-0459-2009) (HCT-00-CV-MA-0459-2009)

High Court · [2009] UGHC 187 · 2009 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction pending judicial review, brought by Chamber Summons
Decision
Application dismissed and main cause struck out for non-disclosure of a cause of action; leave to appeal granted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for a temporary injunction and struck out both the interlocutory application and the main judicial review application. The court held that an unstamped and unregistered Memorandum of Understanding could not be admitted in evidence under the Stamps Act and therefore could not found a cause of action. Although the applicant demonstrated sufficient interest in the matter, it failed to disclose a legally protected right against the respondents because the purported assignment of rights from Nalubaale Football Club was not evidenced by a registered instrument. The decision of FUFA excluding Nalubaale Football Club from the league did not bind the applicant as a purported assignee.

Outcome

Application dismissed and main cause struck out for non-disclosure of a cause of action; leave to appeal granted

Facts

Proline Soccer Academy Ltd claimed to have taken over the rights and interests of Nalubaale Football Club in FUFA competitions under a Memorandum of Understanding dated 30 June 2009. FUFA had earlier decided to exclude Nalubaale Football Club from the National Super League 2009/2010 due to unpaid debts totaling Shs.38,560,000 owed to coaches and players for eight months. The applicant sought a temporary injunction to restrain FUFA and its officials from organizing the league without its participation and from conducting FUFA elections pending determination of a judicial review application challenging the exclusion decision. The National Super League was scheduled to commence on 19 September 2009. The respondents opposed the application on grounds including lack of locus standi, FUFA's lack of legal capacity as an unincorporated association, and the fact that the Memorandum of Understanding was neither stamped nor registered as required by law.

Issues

  1. Whether the applicant has locus standi to bring the application for judicial review
  2. Whether FUFA, as an unincorporated association, has capacity to sue or be sued
  3. Whether the procedure adopted by the applicant (Chamber Summons) is correct
  4. Whether service of summons was properly effected on the respondents
  5. Whether the applicant has disclosed a cause of action against the respondents
  6. Whether an unstamped and unregistered Memorandum of Understanding can be relied upon in evidence to found a cause of action

Orders

  • Application for temporary injunction dismissed.
  • Main judicial review application HCMA No. 142 of 2009 struck out for non-disclosure of a cause of action.
  • Related application HCMA No. 0460-2009 struck out.
  • Each party to bear its own costs.
  • Leave to appeal granted.

Rules and key headnotes

Judicial Review — Locus Standi — Assignment of Rights — Sufficient Interest in Matter
An assignee of rights and interests may have sufficient interest to bring an application for judicial review where a decision of a public authority affects those assigned rights, provided the assignment itself is evidenced in a legally admissible manner.
Judicial Review — Capacity to Sue — Unincorporated Associations — Amenability to Judicial Review
The jurisdiction to issue prerogative orders under the Judicature Act extends to public bodies and offices regardless of whether they possess corporate personality. If the legislature desired that prerogative orders issue only against bodies clothed with corporate personality, it would have expressly stated so. The wide jurisdiction given to court must not be narrowed by restricting issuance to only those bodies clothed with corporate personality.
Judicial Review — Procedure — Application for Interim Relief Pending Judicial Review
While applications for judicial review must be instituted by Notice of Motion under the Judicature (Judicial Review) Rules 2009, an application for a temporary injunction pending determination of the main judicial review application may properly be brought by Chamber Summons under Order 41 of the Civil Procedure Rules where the Judicial Review Rules do not provide for the procedure for interim reliefs.
Service of Process — Irregularity of Service — Effect on Validity of Proceedings
Mere adoption of a wrong procedure in service of process will not invalidate proceedings where it does not go to the question of jurisdiction and no prejudice is caused to the opposite party. Rules as to service of summons are matters of procedure and are not normally of a fundamental nature. Courts should not treat an incorrect act as a nullity unless it is of a most fundamental nature.
Cause of Action — Disclosure — Plaint Based on Unstamped and Unregistered Instrument
For a plaint to disclose a cause of action, it must show that the plaintiff enjoyed a legally protected right, that the right has been violated, and that the defendant is liable. A right means a legally protected interest. Where a plaint is founded on an unstamped instrument that is inadmissible in evidence under section 42 of the Stamps Act, it fails to disclose a cause of action and must be rejected under Order 7 rule 11(a) of the Civil Procedure Rules.
Evidence — Admissibility — Unstamped Instruments — Stamps Act s.42
Under section 42 of the Stamps Act, no instrument chargeable with duty shall be admitted in evidence or acted upon by any court or public officer unless the instrument is duly stamped. An unstamped instrument is inadmissible in evidence until the duty chargeable and any prescribed penalty are paid. An unstamped instrument remains enforceable as between the parties to it but does not bind third parties.
Cause of Action — Ex Turpi Causa Non Oritur Actio — Claim Founded on Non-Compliance with Statutory Law
No court will lend its aid to a person who founds his claim upon an illegal act. Where a cause of action appears to arise ex turpi causa on account of non-compliance with statutory law, such as failure to register an instrument as required, the applicant has no right to be assisted by the court. The effect of non-registration of documents is a matter of substantive law, not procedure.

Legislation cited (10)

Cases cited (10)

  • Kyamanywa Andrew K. Tumusiime v The IGG (HCT-00-CV-MA-0243-2008)
  • Utex Industries v Attorney General (Supreme Court Criminal Appeal No. 52 of 1995)
  • Nanjibhai Prabhudas & Co. Ltd vs Standard Bank Ltd [1968] EA 670
  • Attorney General of the Gambia vs Njie [1961] 2 ALL ER 504
  • John Jet Tumwebaze v Makerere University Council & Others (High Court Civil Application No. 353 of 2005)
  • Boyes vs Gathure [1969] E. A. 385
  • Jeraj Shariff & Co. vs Chotai Fancy Stores [1960] EA 374 at p. 375
  • Yokoyada Kagwa vs Mary Kiwanuka & Anor [1979] HCB 23
  • Kafeero vs Turyagyenda [1980] HCB 122
  • Auto Garage & Others vs Motokov (No.3) [1971] EA 514

Full judgment

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

Proline Soccer Academy v Lawrence Mulindwa & 4 oers (HCT-00-CV-MA-0459-2009) (HCT-00-CV-MA-0459-2009) [2009] UGHC 187 (18 September 2009)
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.