Integrity of the person

Management Committee Bright High Academy & Ors v New Vision Printing Publishing Corp. & Ors ((HCT-CV-CS-0034 of 2000)) [2003] UGHC 13 (25 August 2003);


Search Summary: 

The plaintiffs in this case had sued the defendants for defamation. At hearing, counsel for the defendant raised three preliminary objections. That, the first plaintiff had no locus standing to sue, that the first plaintiff was not a legal entity and thus had no legal capacity to bring this action. And that no statutory notice was served on the defendant.


Headnote and Holding: 

It was argued that there was no indication that the school was dully registered for it to enjoy any legal status. And that it was not known whether it was a public or private school. As such, no defamation could be claimed in respect of an entity not in existence.

Therefore, the court upheld the first objection.


As regards the second objection, it was argued that the plaintiffs had no capacity to sue since they had never served a statutory notice to the defendant.

The court found that the second and third plaintiffs did not appear on the notice. Only the first plaintiff was indicated. Therefore, they could not claim on a suit they were not party to. This objection was also upheld.


Accordingly, the suit was struck out with costs to the defendants.


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