Company Law

Kabale Housing Estates Tenants Association v Kabale Municipal Local Council (CIVIL APPLICATION NO.15 OF 2013) [2013] UGSC 19 (18 December 2013);

Flynote: 

Search Summary: 

The applicant association was formed by residents in
government buildings which under the divesture policy was
selling the housing units to tenets as first option buyers. The
applicants brought a suit against the respondent for an order
of certiorari against the order of selling the units to non-
tenants. The court granted the prayer and reversed it later in
an application for review; the applicant was unsuccessful in
the Court of Appeal and instituted a second appeal and
brought an application for interim stay of execution.
The main point of contention was whether counsel for the
applicant had been duly instructed by the company.

Headnote and Holding: 

The court
observed that counsel for accompany is appointed by a
resolution and proceeding without a resolution would be a
nullity. The court observed that instructions had been
withdrawn in a special sitting resolution and counsel was
proceeding under a nullity.
The court thereby dismissed the application and upheld the
preliminary objection.

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