Arojjo v Stanbic Bank Uganda Ltd & Anor (Miscellaneous Application No. 724 of 2014)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed the application to join the applicant as a defendant. The applicant sought joinder on the basis that he was in physical possession of mortgaged property as the matrimonial home. The court held that while the outcome might affect the applicant's occupation, he was not privy to the mortgage contract between the bank and the registered proprietor. His presence was not necessary to adjudicate the mortgagee's enforcement rights. Any remedy available to the applicant lay in pursuing his wife, the vendor.
Outcome
Application to be joined as a defendant dismissed
Facts
The applicant, Nickson Arojjo, applied to be joined as a defendant to originating summons brought by Stanbic Bank seeking possession and sale of property comprised in Kyadondo Block 221 Plot 482. The applicant claimed the property was his matrimonial home where he lived with his wife Betty Kirangi and their children. The second respondent, Constance Wakyemba, had borrowed UGX 150,000,000 from the bank and mortgaged the property as security. She was the registered proprietor. The applicant alleged his wife sold the property to the second respondent without his consent, and the second respondent then mortgaged it to the bank. The bank sought to enforce its mortgage rights following default. The applicant was in physical possession of the property and had filed a separate suit challenging the transaction.
Issues
- Whether the applicant should be joined as a defendant to Originating Summons No. 1 of 2014.
- Whether the applicant's presence is necessary to enable the court to effectually and completely adjudicate upon and settle all questions involved in the suit.
Orders
- Application dismissed.
- Costs awarded to the respondent.
Rules and key headnotes
Legislation cited (5)
Cases cited (5)
- Departed Asians Property Custodian Board v Jaffer Brothers Ltd [1991] 1 EA 55
- Mukuye Steven and 73 Others v Madhivani Group Ltd (Miscellaneous Application No. 821 of 2013)
- Kato Fred Mazinga v Emmanuel Lukwajju and Others (Miscellaneous Application No. 186 of 2012)
- Samson Sempasa v P.K Ssengendo (Miscellaneous Application No. 577 of 2013)
- Amon v Raphael Tuck & Sons Ltd [1956] 1 All ER 273
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.