[1990] UGHC 11

[1990] UGHC 11

The court held that Order 7 Rule 1(f) of the Civil Procedure Rules imposes a duty on the plaintiff to plead facts showing the court's jurisdiction. The plaint in question stated that the plaintiff works for gain at Ndeba Trading Centre and that the cause of action arose at Lubiri Army Barracks and Katwe Police Post, all locations within Kampala, Uganda. The judge found that it is not necessary for the plaintiff to expressly aver that these places are within the court's jurisdiction, as the court can take judicial notice of the boundaries of Uganda and Kampala. The facts pleaded were sufficient to show jurisdiction, and mere failure to state that the court has jurisdiction does not render...

Citation
[1990] UGHC 11
Parties
Plaintiff: James Fredric Pool Nsubuga; Defendant: Attorney General
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
15 October 1990
Case Number
Civil Suit No.1296/87
Procedural Posture
Civil Suit / Preliminary Objection Ruling
Outcome
preliminary_objection_overruled
Legal Topics
Pleadings Requirements, Jurisdictional Facts, Striking Out Plaint, Preliminary Objection
Source Language
English
Civil Procedure Pleadings Requirements Jurisdictional Facts Striking Out Plaint Preliminary Objection

Case Brief

Summary, issues, holding and outcome

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Parties

James Fredric Pool Nsubuga

Plaintiff

Attorney General

Defendant

Procedural Posture

Civil Suit / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the plaint contains facts showing that the court has jurisdiction as required by Order 7 Rule 1(f) of the Civil Procedure Rules.
  2. 2 Whether failure to expressly state that the named places are within the court's jurisdiction renders the plaint incurably defective.

Ratio Decidendi

The court held that Order 7 Rule 1(f) of the Civil Procedure Rules imposes a duty on the plaintiff to plead facts showing the court's jurisdiction. The plaint in question stated that the plaintiff works for gain at Ndeba Trading Centre and that the cause of action arose at Lubiri Army Barracks and Katwe Police Post, all locations within Kampala, Uganda. The judge found that it is not necessary for the plaintiff to expressly aver that these places are within the court's jurisdiction, as the court can take judicial notice of the boundaries of Uganda and Kampala. The facts pleaded were sufficient to show jurisdiction, and mere failure to state that the court has jurisdiction does not render...

Court Disposition

preliminary_objection_overruled

Orders

  • The preliminary objection is overruled.
  • The suit shall proceed to hearing.