[2021] UGHCLD 57
The court found that the affidavit sworn by the 1st applicant was valid as it was made in his own capacity, not requiring a representative capacity at this stage. The plaint discloses a cause of action against the defendants/applicants, and any arguments regarding locus standi and the nature of the suit land are...
Source-derived case information.
- Citation
- [2021] UGHCLD 57
- Parties
- Applicant: Emmanuel Mambo; Applicant: Asasira Azarius; Applicant: Tumuhaire Angel; Respondent: Dingkuii Deng Goc Ayuel
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- H.C.Miscellaneous Application No. 1291 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- Kazaarwe, J
- Legal Topics
- Cause of Action, Affidavit Validity, Locus Standi, Suit Land Nature
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Mambo
Applicant
Asasira Azarius
Applicant
Tumuhaire Angel
Applicant
Dingkuii Deng Goc Ayuel
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the affidavit in support of the application was incompetent due to lack of representative capacity.
- 2 Whether the plaint discloses a cause of action against the defendants/applicants.
- 3 Whether arguments regarding locus standi and nature of the suit land should be determined at this stage.
Ratio Decidendi
The court found that the affidavit sworn by the 1st applicant was valid as it was made in his own capacity, not requiring a representative capacity at this stage. The plaint discloses a cause of action against the defendants/applicants, and any arguments regarding locus standi and the nature of the suit land are premature and should be resolved during the main suit. The plaint is not barred by law, and costs of the application shall be in the cause.
Court Disposition
application dismissed
Orders
- The affidavit in support of the application is valid.
- The plaint is not barred by law and discloses a cause of action.
Full Case Text
Judgment text and source record
16 paragraphs
# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA LAND DIVISION MISCELLANEOUS APPLICATION NO. 1291 OF 2020** 5 **ARISING FROM CIVIL SUIT NO. 543 OF 2019**
| | 1. EMMANUEL MAMBO | |----|-----------------------------------------------------------------------------------| | | 2. ASASIRA AZARIUS | | | 3. TUMUHAIRWE ANGEL--------------------------------------------------------------- | | 10 | APPLICANTS |
**V**
**DINGKUII DENG GOC AYUEL------------------------------------------------------** 15 **RESPONDENT**
#### **Before: Hon. Lady Justice Olive Kazaarwe Mukwaya**
#### 20 **RULING**
After perusal of the pleadings and submissions by respective Counsel, I find as follows;
- 1. The 1st Applicant Emmanuel Mambo swore the affidavit in support of the application in his own capacity and not in a representative capacity. The affidavit was therefore not incompetent as submitted by Counsel for the Respondent. - 25 2. The plaint reveals a cause of action against the Defendants/Applicants. All matters concerning the plaintiff's locus standi and nature of the suit land shall
form part of the issues for resolution by this Court in the main suit. It was thus premature for both parties to make arguments by affidavit and submissions in this regard. And I accordingly shall not make any determination on those arguments at this stage.
- 5 3. For avoidance of doubt, I find that the plaint is not barred by law. - 4. Costs of the Application shall be in the cause.
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## 10 **Olive Kazaarwe Mukwaya**
### **JUDGE**
#### **1 st February 2021**
Delivered by email to Counsel for the Parties.
15