HC: Civil Division (Uganda) - 1994 December

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1 judgment

Citation	Judgment date
December 1994
The Registered Trustees Of The Centre For St John Ambulance Association v John Kintu (Civil Suit 219 of 1993) [1994] UGHCCD 5 (1 December 1994) Council-authorised summary dismissal upheld; plaintiff awarded possession and mesne profits for wrongful occupation. Corporate capacity and authority to sue — authority to institute proceedings depends on a corporation's constitution and management organ; failure to register trustees not necessarily fatal. Employment law — competence of governing council to dismiss executive secretary under constitution. Wrongful dismissal — summary dismissal justified where insubordination and misconduct shown and defendant given opportunity to be heard. Proprietary remedies — right to possession, handover of property and recovery of mesne profits for wrongful occupation. Evidence — monetary claims (rents, utilities, retirement benefits, accumulated leave) require specific proof.	1 December 1994

Citation

Judgment date

December 1994

The Registered Trustees Of The Centre For St John Ambulance Association v John Kintu (Civil Suit 219 of 1993) [1994] UGHCCD 5 (1 December 1994)

Council-authorised summary dismissal upheld; plaintiff awarded possession and mesne profits for wrongful occupation.

Corporate capacity and authority to sue — authority to institute proceedings depends on a corporation's constitution and management organ; failure to register trustees not necessarily fatal. Employment law — competence of governing council to dismiss executive secretary under constitution. Wrongful dismissal — summary dismissal justified where insubordination and misconduct shown and defendant given opportunity to be heard. Proprietary remedies — right to possession, handover of property and recovery of mesne profits for wrongful occupation. Evidence — monetary claims (rents, utilities, retirement benefits, accumulated leave) require specific proof.

1 December 1994