Okumu v. British American Tobacco & Mastermind Tobacco Ltd.
Thomas Okumu sued British American Tobacco (BAT) and Mastermind Tobacco Ltd, claiming that the defective nature of their cigarettes caused him to develop lung cancer.
This order discusses procedural matters related to the case as well as whether the case is a representative action or a public interest suit. (Okumu contended that the case is a public interest suit.) The Court ruled that (1) the case is a representative action because, among other reasons, it was filed as a class action, but that (2) the suit is barred by law. Accordingly, the Court did not reach other procedural issues.
Okumu v. BAT & Mastermind Tobacco Ltd., No. 0678, High Court of Uganda at Kampala (2000).
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging.
(See FCTC Art. 11)
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"Mr. Byenkya with Mr. Kihika Oscar for the applicants/defendants say this is a representative action. Mr. Alenyo for the respondents/plaintiff says, "Hold on. This is not a representative action. It is a public interest suit. What is sought here is a public relief for a public right that has been violated". My task I think I cannot do better that first exploring the attributes of a representative action. Where there are numerous persons having the same interest in proceedings. The proceedings may begin and continued by or against any one or more of them representing all. This is what I understand to be "a representative action". Put in another way all persons who have a common right which is invaded by a common enemy are entitled to join in attacking that common enemy in respect of that common right. .... I would here re-echo what was said in the Constitutional Court in the Petition of DR. RWANYARARE & ANOTHER, V ATTORNEY GENERAL - Petition 11/97."We cannot accept the argument of Mr. Walubiri that any spirited person can represent any group of persons without their knowledge or consent. That would be undemocratic and could have far reaching consequences. If plaintiff wished to put his philanthropic ideas in motion, he should have complied with Order 1 Rule 8 of the Civil Procedure Rules, and now that he did not, he must put his legal activism on hold."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Thomas Okumu sued British American Tobacco (BAT) and Mastermind Tobacco Ltd, claiming that the defective nature of their cigarettes caused him to develop lung cancer.
This order discusses procedural matters related to the case as well as whether the case is a representative action or a public interest suit. (Okumu contended that the case is a public interest suit.) The Court ruled that (1) the case is a representative action because, among other reasons, it was filed as a class action, but that (2) the suit is barred by law. Accordingly, the Court did not reach other procedural issues.