Wakilii

Waswa v Nakayima (Civil Suit 1050 of 2021)

High Court · [2023] UGHCLD 412 · 2023 Preliminary Objection Upheld — Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection to locus standi in first instance civil suit
Decision
Suit dismissed for lack of locus standi

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A donee of power of attorney has no capacity to sue in his own name and must institute proceedings in the name of the principal (donor) through the donee. The plaintiff, acting as attorney for Semuwemba Stephen, improperly instituted the suit in his own name rather than in the donor's name through himself as agent. This procedural irregularity is incurable without a formal application by notice of motion under Order 1 Rule 10 CPR. The suit was dismissed for lack of locus standi.

Outcome

Suit dismissed for lack of locus standi

Facts

The plaintiff instituted a civil suit in the Land Division in his own name. The defendant raised a preliminary objection that the plaintiff, being a donee of power of attorney from Semuwemba Stephen, lacked capacity to sue in his own name. The power of attorney itself was not challenged. The defendant argued that under established law, the proper procedure requires the suit to be instituted in the name of the principal (donor) through the donee, not in the donee's personal name. The plaintiff argued that the power of attorney conferred authority to institute the suit and requested in the alternative that the court substitute the donor as plaintiff under Order 1 Rule 10 CPR.

Issues

  1. Whether the plaintiff legally instituted this case in his name as a donee of power of attorney of Semuwemba Stephen?

Orders

  • Preliminary objection upheld.
  • Civil Suit No. 1050 of 2021 dismissed for lack of locus standi.
  • Costs awarded to the defendant against the plaintiff.

Rules and key headnotes

Power of Attorney — Capacity to Sue — Procedural Requirements
A donee of power of attorney has no capacity to institute proceedings in his own name but must sue in the name of the principal (donor) through himself as agent, as the donor is the person asserting or defending rights in the case.
Power of Attorney — Pleadings — Incurable Irregularity
Where a donee improperly institutes proceedings in his own name rather than in the donor's name through himself, the proceedings are incurably irregular and the irregularity cannot be cured without a formal application by notice of motion under Order 1 Rule 10 of the Civil Procedure Rules.
Locus Standi — Power of Attorney
A suit instituted by a donee of power of attorney in his own name rather than in the donor's name is liable to be dismissed for lack of locus standi.

Legislation cited (1)

  • Civil Procedure Rules O.1 r.10

Cases cited (2)

  • Ayihuguhugu & Co. Advocates v Munyakindi Muteri [1990-1992] KLR 180
  • Botique Sazim Ltd v Noratam Bahtia & another (Court of Appeal Civil Appeal No. 36 of 1997)

Full judgment

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

Waswa_v_Nakayima_(Civil_Suit_1050_of_2021)_[2023]_UGHCLD_412_(25_October_2023)
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.