Uganda High Court has in a ruling allowed the Kingdom of Denmark to be substituted in the place of the Democratic Governance Facility as the plaintiff in a civil suit seeking to recover alleged mismanaged funds.
Justice Anna B. Mugenyi, in her rulling granted an application for Denmark to proceed as the plaintiff in suit against the Centre for Constitutional Governance and two other respondents.
“The main issue for consideration is whether the Kingdom of Denmark should substitute the Democratic Governance Facility (DGF) as the plaintiff in Civil Suit No. 0953 of 2020,” Justice Mugenyi said in her ruling. “Order 1 rule 13 of the CPR provides that any application to add or strike out or substitute a plaintiff or defendant may be made to the court at any time before trial,”
The respondents, led by Executive Director Dr. Sarah Bireete, had opposed the application, citing diplomatic immunity. However, the court dismissed this argument, citing a previous ruling that a diplomatic agent’s voluntary initiation of a suit constitutes a waiver of immunity.
“Courts have overtime allowed the substitution of parties to the suit where such substitution will not prejudice the other party and it will enable the resolution of the main issues in dispute,” Justice Mugenyi said. adding that , “I therefore, agree that once a diplomatic agent enjoying immunity initiates proceedings, then they are precluded from invoking the same from any counterclaim directly connected to the principal claim.”
The court also noted that the respondents would not be prejudiced by the substitution, as they have the right to file a counterclaim against the Kingdom of Denmark.
The case was instituted in 2020 and the Kingdom of Denmark’s substitution as the plaintiff is expected to facilitate the recovery of funds allegedly mismanaged by the respondents.
Legal experts say the ruling has significant implications for the management of donor funds in Uganda where accountability and transparency in the management of donor funds has been highlighted as lacking .
