Wakilii

Asiimwe v Crown Beverages Limited & Another (Miscellaneous Application 1197 of 2023)

High Court · [2024] UGCOMMC 45 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for leave to issue a third party notice in ongoing civil suit for loan recovery
Decision
Leave granted to issue third party notice; matter to proceed to substantive hearing in main suit

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court granted leave to the Applicant to issue a third party notice upon Crown Beverages Limited, the former employer. The Applicant had obtained a salary loan from Standard Chartered Bank while employed by Crown Beverages. Following wrongful dismissal found by the Industrial Court, which also ordered Crown Beverages to repay the loan, the Bank sued the Applicant for recovery. The court held that adding Crown Beverages as a third party would enable conclusive determination of liability for the loan repayment.

Outcome

Leave granted to issue third party notice; matter to proceed to substantive hearing in main suit

Facts

Asiimwe Dickson obtained a salary loan from Standard Chartered Bank (U) Limited while employed by Crown Beverages Limited. Crown Beverages wrongfully dismissed Asiimwe, depriving him of his salary and causing his inability to service the loan. Standard Chartered Bank filed HCCS No. 0201 of 2023 seeking recovery of UGX 117,638,338 plus interest. Asiimwe filed a labour dispute in the Industrial Court in 2020. On 27 February 2023, the Industrial Court found that Asiimwe was wrongfully and unlawfully dismissed, awarded him UGX 350,000,000 in general damages, severance pay of UGX 89,804,838, one month's salary of UGX 29,934,946 in lieu of notice, and ordered Crown Beverages to pay Asiimwe's outstanding loan of UGX 106,062,652. In his defence to the Bank's suit, Asiimwe pleaded that Crown Beverages was liable for indemnity or contribution in respect of the loan.

Issues

  1. Whether leave should be granted to issue a third party notice to the 1st Respondent.

Orders

  • Application allowed.
  • Applicant granted leave to file and serve a Third Party Notice upon the 1st Respondent in accordance with Order 1 rule 14 (3), (4) and (5) of the Civil Procedure Rules as amended.
  • The third party notice must be filed within fifteen (15) days from the date of the order granting the leave.
  • Costs of this Application shall abide the outcome of the main suit.

Rules and key headnotes

Civil Procedure — Third Party Notices — Requirements for Leave under Order 1 Rule 14
Under Order 1 rule 14(1) of the Civil Procedure Rules, where a defendant claims to be entitled to contribution or indemnity over against any person not a party to the suit, he or she may, by leave of court, issue a third party notice to that effect.
Civil Procedure — Third Party Procedure — Purpose and Scope
Third party procedure is a means for trial of questions between the defendant and third party of liability of the third party to make contribution or indemnify, and not for joining of a third party as a defendant.
Civil Procedure — Third Party Notices — Principles Governing Applications for Leave
Applications for leave to issue third party notices are governed by five principles: the applicant must have sufficient grounds; it must be the same subject matter; the applicant must prove the right of indemnity or contribution; there must be absence of prejudice; and it must be in the interest of justice that the application is granted.

Legislation cited (1)

Cases cited (3)

  • Semanda Isima Moses v Airtel Uganda Limited & Blu Flamingo Limited (Miscellaneous Application No. 0996 of 2020)
  • Zanfra -vs - Duncan & Anor. [1969] THCD, 135
  • Ketra Aguti and Dickson Asiimwe v Crown Beverages Limited (Labour Dispute Reference No. 215 of 2020)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Asiimwe v Crown Beverages Limited & Another (Miscellaneous Application 1197 of 2023) [2024] UGCommC 45 (25 March 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.