Substitution of Party

The Trustees of Rubaga Miracle Centre v Mulangira Ssimbwa & Mulangira Ssimbwa a.k.a Afidra Milton v The Board of Trustees, Miracle Centre & Anor (Misc. Applications No. 576 of 2006 & 655 of 2005) ((Misc. Applications No. 576 of 2006 & 655 of 2005)) [


Headnote and Holding: 

Two applications where lodged by both parties. The first application sought the rejection of a lodged case on the ground that the defendant in the suit, described as ‘the board,’ was a non-existing person, with no capacity to sue or be sued. Immediately thereafter, the applicant lodged the second application where he sought leave to amend the initial suit by adding a Pastor Kayanja as a party to the suit, in addition to the board.

In its judgement this court held that the board did not exist in law. The application to add Kayanja was held to be an attempt to substitute a non-existing defendant and thus in reality there was no valid plaint in the suit. The reason being that a suit in the names of a wrong plaintiff or defendant cannot be cured by amendment (as the applicant attempted to).

Hence, the first application succeeded, and the second application was dismissed.

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