[2017] UGCommC 101

[2017] UGCommC 101

The court held that since Moulders (U) Limited does not exist, the suit was instituted by a non-entity and is therefore a nullity. The defect cannot be cured by substitution or amendment under Order 1 rule 10 of the Civil Procedure Rules, which only applies where the wrong person exists. The court further found that there was no bona fide mistake, as counsel had previously used the correct company and then deliberately filed the suit in the name of a non-existent entity. Consequently, the plaint is incurably defective and must be struck out.

Citation
[2017] UGCommC 101
Parties
Applicant: Wasswa Primo; Respondent: Moulders (U) Limited
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
8 September 2017
Case Number
Miscellaneous Application No. 685 of 2017
Procedural Posture
Miscellaneous Application / Ruling
Outcome
plaint struck out with costs
Legal Topics
Non Existent Party, Striking Out Plaint, Amendment of Pleadings, Substitution of Parties
Source Language
English
Civil Procedure Non Existent Party Striking Out Plaint Amendment of Pleadings Substitution of Parties

Case Brief

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Parties

Wasswa Primo

Applicant

Moulders (U) Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether a suit instituted by a non-existent company discloses a cause of action against the applicant.
  2. 2 Whether the defect of suing in the name of a non-existent party can be cured by substitution or amendment under Order 1 rule 10 of the Civil Procedure Rules.

Ratio Decidendi

The court held that since Moulders (U) Limited does not exist, the suit was instituted by a non-entity and is therefore a nullity. The defect cannot be cured by substitution or amendment under Order 1 rule 10 of the Civil Procedure Rules, which only applies where the wrong person exists. The court further found that there was no bona fide mistake, as counsel had previously used the correct company and then deliberately filed the suit in the name of a non-existent entity. Consequently, the plaint is incurably defective and must be struck out.

Court Disposition

plaint struck out with costs

Orders

  • The plaint is struck out with costs to the applicant.