Wakilii

Ateria and Another v Attorney General and Another (Miscellaneous Application No. 111 of 2022)

High Court · [2023] UGHCCD 60 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to add a party and amend pleadings in pending civil suit
Decision
Application granted; Uganda Land Commission to be added as third defendant; plaint to be amended within 30 days

Observed later treatment

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Holding

The High Court granted an application to add Uganda Land Commission as a third defendant in a pending land dispute suit. The court held that where a party holds a certificate of title to land that is the subject of ownership dispute, that party's presence is necessary to enable the court to effectually and completely adjudicate upon and settle all questions involved in the suit. The application was allowed under Section 98 of the Civil Procedure Act and Order 1 Rule 10(2) of the Civil Procedure Rules.

Outcome

Application granted; Uganda Land Commission to be added as third defendant; plaint to be amended within 30 days

Facts

The applicants claimed customary ownership of land in Ajasai village, Katakwi district. They sued the Attorney General and Katakwi District Local Government for trespass in Civil Suit No. 12 of 2020. In their Written Statement of Defence, the respondents alleged that Uganda Land Commission held a certificate of title over the suit land. The applicants, previously unaware of this certificate, sought to add Uganda Land Commission as a third defendant to enable the court to determine all questions of ownership and to seek cancellation of the certificate. The respondents did not file any affidavit in reply despite being served.

Issues

  1. Whether Uganda Land Commission can be added as a defendant in Civil Suit No. 12 of 2022?
  2. What remedies are available to the parties?

Orders

  • Application allowed.
  • Applicants/plaintiffs directed to amend the plaint in Civil Suit No. 12 of 2020 adding Uganda Land Commission as a party to the suit within thirty (30) days from the date of the ruling.
  • Normal process of extracting summons and serving all defendants to ensue after amendment.
  • Costs of the application to abide the cause.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Order 1 Rule 10(2) — Necessary Party
Under Order 1 Rule 10(2) of the Civil Procedure Rules, the court has discretion to order any person to be joined as a party whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all questions involved in the suit, even if the plaintiff has no cause of action against that person.
Civil Procedure — Joinder of Parties — Distinction Between Necessary Party and Proper Party
A clear distinction exists between joining a party who ought to have been joined as a defendant and one whose presence before the court is necessary in order to enable the court effectually and completely adjudicate upon and settle all questions involved in the suit.
Land & Property — Land Disputes — Joinder of Certificate Holder
Where a party holds a certificate of title to land that is the subject of an ownership dispute, that party's presence is necessary to enable the court to determine all matters of controversy and should be joined as a defendant.
Civil Procedure — Affidavit Evidence — Uncontroverted Facts
Where facts are sworn in an affidavit and are not denied or rebutted by the opposite party, the presumption is that the facts are accepted.

Legislation cited (6)

Cases cited (3)

  • Departed Asian Property Custodian Board v Jaffer Brothers Limited (Civil Appeal No. 8 of 1998)
  • Amon v. Raphael Tuck & Sons Ltd, (1956) 1 ALLER p. 273
  • Massa -Vs- Achen [1978] HCB 297

Full judgment

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

Ateria and Another v Attorney General and Another (Miscellaneous Application No. 111 of 2022) [2023] UGHCCD 60 (28 February 2023)
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.