CORAM; Her Lordship Eva.k. Luswata, in defining what a legal entity is, delivered judgment on the 3rd day of December 2019.
This was a case where the employees of the Busoga kingdom complained about their payments and got into a Consent Judgment with the kingdom. The kingdom later defaulted on payment thus this case. It was the argument of counsel for the Defendant that the case is illegal on grounds that the Busoga kingdom is not a legal entity and therefore it cannot sue or be sued.
The High Court Judge in dismissing the case defined a corporation to be “a series of successive persons holding an office; a continuous legal personality that is attributed to successive holders of certain monarchical or ecclesiastical positions such as kings, bishops, rectors, vicars, and the like. This continuous personality is viewed by legal fiction, as having the qualities of a corporation.
The Judge therefore allowed the application to set aside the consent judgement on the grounds that it was an error to sue the Busoga kingdom and as such the suit could not stand in Court.
