KAMPALA, Uganda The Registrar of Companies has dismissed an application filed claiming the ownership and shareholding of Julia Guest House Limited, which was modified without the consent of other shareholders. The matter had been determined by the same court previously.

Counsel Omolloi Ivan from Okello Oryem & Co Advocates represented the petitioner, while Counsel Stanley Omony from Stanley Omony& Co Advocates represented the respondent.

The petitioner Robert Acellam contended that he was unlawfully excluded from the company’s activities and decision-making processes and the respondents are currently mismanaging the company.

The respondents revealed that during the previous judgement, Robert Acellam v. Julia Guest House Limited , the Registrar of Companies, then His Worship Solomon Muliisa, ordered that the petitioner (Acellam) lawfully cease to be a member of the company and that the correct shareholders are Margret and Julia Otti.

The respondents Julia Otti and Margret Otti submitted that bringing up the same issues that were determined and ruling entered by the registrar of companies before the same court is barred as contempt of court; therefore, it may not be pursued by the same court.

Julia and Magret Otti also argued that the petitioner (Acellam) had no locus to bring the petition, as company cause 5 of 2020 declared that he was lawfully removed as a member of Julia Guest House Limited, and prayed for the court for the case to be dismissed.

Registrar Daniel Nasasira ruled that the Registrar of Companies issued an order on page 14 of the ruling that was stating that the petitioner was legitimately removed as a member of the company and he is no longer a member of the same company; I agree with the respondent that this ipso facto means that he is no longer a member of the company and thus has no locus to bring this petition.”

”The petition in question is filed in accordance with Section 243 of the Companies Act Cap 106, which section limits the right to file a petition to only those individuals who are members of the company. In light of the fact that the petitioner in question is not a member of Julia House Limited, I find that he does not have the right to submit this petition because there has been no appeal lodged against the decision made by the Registrar in accordance with Company Cause No. 0005 of 2020.” Registrar Nasasira ruled

In light of the above analysis, I find that the absence of locus standi and the matter being barred by the doctrine of res judicata are preliminary points of law which, if argued successfully, have the effect of disposing of the whole matter. Nasasira added