Preliminary Objections

Mrs. Tereza Beatrice Nalumaga Nyaika V Prince Patrick Olimi Kaboyo (Civil Suit No. DR. MFP 12/90) ((Civil Suit No. DR. MFP 12/90)) [1991] UGHC 8 (17 May 1991);

Flynote: 

Search Summary: 

When this matter was brought up for hearing, the learned counsel representing the plaintiff raised a preliminary objection that the person who was possessed with powers of attorney to represent the defendant did not qualify to do so because he had no common interest with the plaintiff as far as the subject matter was concerned.

Headnote and Holding: 

The court held that Order 1 rule 8 of the civil procedure rules is not available for the person that was representing the defendant because it is not shown in the plaint that he shares the same interest with the defendant in the case.

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