Wakilii

Turun Sidpra and Another v Uganda Rehabilitation Development Foundation (Civil Suit No. 199 of 1991)

High Court · [1994] UGHC 170 · 1994 Application to Dismiss Refused AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on application to continue suit after death of first plaintiff and objection to propriety of suit raised by defendant
Decision
Application to continue suit granted; application to dismiss suit refused; matter adjourned sine die

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted leave for the suit to continue in the name of the surviving plaintiff after the first plaintiff's death. On the objection to propriety of suit, the court held that despite failing to disclose their status as attorneys until cross-examination, the plaintiffs who signed the tenancy agreement personally created a legal relationship with the defendant and could sue and be sued based on the principles of agency law and executed contracts.

Outcome

Application to continue suit granted; application to dismiss suit refused; matter adjourned sine die

Facts

The plaintiffs sued the defendant regarding premises described as LRV 233 Folio 8 Plot 31 Kira Road, Kampala. The plaintiffs sued as if they were proprietors of the premises. During the hearing, the first plaintiff died and the surviving plaintiff sought to continue the action. During cross-examination, it emerged that the plaintiffs held joint powers of attorney from one Desai to manage the suit property, a fact not disclosed in the plaint or initial testimony. The power of attorney was executed in the United Kingdom under the Enduring Powers of Attorney Act 1985 and signed by Desai there, with the donees signing in Uganda. The defendant objected to the propriety of the suit, arguing the plaintiffs had no cause of action as they were not the true owners and had failed to disclose their status as attorneys.

Issues

  1. Whether the suit could be continued in the name of the surviving plaintiff following the death of the first plaintiff.
  2. Whether the plaintiffs had the legal capacity to institute and prosecute the suit when they failed to disclose they were acting under a power of attorney.
  3. Whether a holder of a power of attorney can sue in their own name without disclosing the principal.

Orders

  • Application to continue suit in the name of the surviving plaintiff granted.
  • Application to dismiss the suit refused.
  • Costs of the application to be costs in the cause.
  • Matter adjourned sine die with no costs.

Rules and key headnotes

Civil Procedure — Death of Party — Continuation of Suit — Order 21 Rules 1 and 2
Where parties are joint plaintiffs and one dies, the surviving plaintiff may continue the action under Order 21 Rules 1 and 2 of the Civil Procedure Rules, and the court may grant leave for continuation even where the proper procedure by chamber summons was not followed if the defendant does not object.
Agency — Power of Attorney — Capacity to Sue — Non-disclosure of Principal
An attorney who enters into a contract without disclosing their status as an agent creates a personal legal relationship with the other contracting party and can sue and be sued on that contract, notwithstanding defects in the execution of the power of attorney.
Agency — Executed Contracts — Duty of Court to Adjudicate
In matters of contract where the contract has been executed wholly or partly, it is the duty of courts to adjudicate on disputes related to such completed or partly executed contracts and give effect to the wishes of the parties.
Powers of Attorney — Registration of Titles Act — Authentication Requirements
Powers of attorney relating to dealings in registered land should use the prescribed form or a similar form under the Registration of Titles Act, and powers drawn outside Uganda must be witnessed by persons specified in sections 155(1)(b)(ii) and 155(1)(b)(v) of the Act.
Agency — Powers of Attorney — Strict Construction
Powers of attorney must be construed strictly, and where an act is challenged as being in excess of authority, it is necessary to show that on a fair construction of the whole instrument the authority is to be found in the four corners of the instrument either in express terms or by necessary implication.

Legislation cited (11)

Cases cited (10)

  • M/s. Ayigihugu & Company, Advocates v M. Munyakindi (1988-1990) HCB 161
  • Jacobs v Norris [1901] 1 Ch 261
  • Bryant Powis & Bryant Ltd v La Banque du Peuple [1893] AC 170
  • Govindji Malhiradas v N.M. Patel (HCCS No. 94 of 1964)
  • Jones v Gurney [1913] WN 72
  • Abdalla Wilji Hirji v Dhanji Buwji & Co [1921] 8 EALR 206
  • Humble v Hunter (1848) 12 QB 310
  • Formby and Brothers v Formby [1910] 102 LT
  • Dansiger v Thompson [1944] KB 654
  • Epps v Rothnie [1945] KB 562

Full judgment

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

Turun Sidpra and Another v Uganda Rehabilitation Development Foundation (Civil Suit No. 199 of 1991) [1994] UGHC 170 (22 June 1994)
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.