Electricity Disputes Tribunal - 2015 September

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1 judgment

Citation	Judgment date
September 2015
Musisi Maseruka v UMEME Limited (EDT COMPLAINT 6 of 2014) [2015] UGEDT 5 (14 September 2015) An attorney under a power of attorney cannot sue in his own name; a defective power of attorney was rejected but amendment allowed. Civil procedure – locus standi – power of attorney holder has no right to sue in own name; action must be in donor’s name. Evidence – validity of power of attorney – disputed signature, absence of jurat particulars, and documentary inconsistencies may render instrument unreliable. Tribunal discretion – power to waive technicalities and allow amendments under procedural rules to enable merits determination.	14 September 2015

Citation

Judgment date

September 2015

Musisi Maseruka v UMEME Limited (EDT COMPLAINT 6 of 2014) [2015] UGEDT 5 (14 September 2015)

An attorney under a power of attorney cannot sue in his own name; a defective power of attorney was rejected but amendment allowed.

Civil procedure – locus standi – power of attorney holder has no right to sue in own name; action must be in donor’s name. Evidence – validity of power of attorney – disputed signature, absence of jurat particulars, and documentary inconsistencies may render instrument unreliable. Tribunal discretion – power to waive technicalities and allow amendments under procedural rules to enable merits determination.

14 September 2015