[1992] UGHC 86

[1992] UGHC 86

The court held that before considering the merits of an application for rectification of the company register, the applicant must provide sufficient evidence of his status as a shareholder, including the number and type of shares held and whether they are paid up. In this case, the applicant failed to produce share certificates, the memorandum and articles of association, or evidence from the Registrar of Companies. The affidavit and annexed letters did not specify the number of shares or confirm their paid-up status. The burden of proof was not discharged, and the court was not satisfied that the applicant was entitled to the relief sought. Consequently, the application was dismissed for...

Citation
[1992] UGHC 86
Parties
Applicant: Francis X. Kayemba; Respondent: M/S Equator Growers Uganda Limited
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
25 September 1992
Case Number
Company Cause No. 5 of 1992
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Judges
Kireju, J
Legal Topics
Company Register Rectification, Shareholder Rights, Evidence of Shareholding
Source Language
English
Commercial and Corporate Company Register Rectification Shareholder Rights Evidence of Shareholding

Case Brief

Summary, issues, holding and outcome

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Parties

Francis X. Kayemba

Applicant

M/S Equator Growers Uganda Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the applicant has provided sufficient evidence to prove his status as a shareholder in M/S Equator Growers Uganda Limited.
  2. 2 Whether the company register should be rectified to reinstate the applicant as a shareholder of 25 ordinary shares.
  3. 3 Whether the termination of the applicant's membership was lawful under the Companies Act and the Articles of Association.

Ratio Decidendi

The court held that before considering the merits of an application for rectification of the company register, the applicant must provide sufficient evidence of his status as a shareholder, including the number and type of shares held and whether they are paid up. In this case, the applicant failed to produce share certificates, the memorandum and articles of association, or evidence from the Registrar of Companies. The affidavit and annexed letters did not specify the number of shares or confirm their paid-up status. The burden of proof was not discharged, and the court was not satisfied that the applicant was entitled to the relief sought. Consequently, the application was dismissed for...

Court Disposition

application dismissed

Orders

  • The application is dismissed with costs to the respondent.