Wakilii

Balloon Ventures Limited and Another v Green Wish Express Travellers Investment and Another (Civil Suit No. 09 of 2022; Civil Suit No. 3 of 2023)

High Court · [2025] UGHC 1392 · 2025 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objection to consolidated civil suits
Decision
Preliminary objection dismissed; consolidated suits to proceed to hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court overruled the defendants' preliminary objection that Civil Suit No. 03 of 2023 offended the Lis Pendens Rule and constituted abuse of court process. The court held that the parties in both suits were not identical, as Opondo Company Ltd appeared in only one suit. Further, the consolidation of the two suits by court order meant Civil Suit No. 03 of 2023 no longer existed as a separate suit, and consolidation cured any issues of multiplicity or abuse of process.

Outcome

Preliminary objection dismissed; consolidated suits to proceed to hearing

Facts

Green Wish Express Travellers Investment Ltd and Baker Wamanga instituted Civil Suit No. 09 of 2022 against Balloon Ventures Limited and Opondo Company Limited on 18 March 2022. Subsequently, Balloon Ventures Ltd instituted Civil Suit No. 03 of 2023 against Green Wish Express Travellers Investment Ltd and Wamanga Baker. On 4 September 2024, counsel for the defendants applied for consolidation of the two suits. The court granted consolidation on 15 October 2025. On 27 November 2025, the same counsel raised a preliminary objection contending that Civil Suit No. 03 of 2023 offended the Lis Pendens Rule and constituted abuse of court process. The defendants argued both suits concerned the same investment agreement dated 11 November 2021 between the same parties.

Issues

  1. Whether Civil Suit No. 03 of 2023 offends the Lis Pendens Rule under section 6 of the Civil Procedure Act.
  2. Whether Civil Suit No. 03 of 2023 constitutes an abuse of court process.

Orders

  • Preliminary objection overruled.
  • Civil Suit No. 09 of 2022 and Civil Suit No. 03 of 2023 (consolidated) to be heard on 2nd February 2026.

Rules and key headnotes

Civil Procedure — Lis Pendens — Elements Required
For a suit to offend the Lis Pendens Rule under section 6 of the Civil Procedure Act, three elements must be established: the litigation must be between the same parties, the cause of action must be the same, and the suit must be pending in the same or any other court having jurisdiction to grant the relief claimed.
Civil Procedure — Lis Pendens — Identity of Parties
Where parties in two suits are not identical, the Lis Pendens Rule is not engaged even if some parties appear in both suits.
Civil Procedure — Consolidation of Suits — Effect on Lis Pendens
Once suits are consolidated by court order, the original separate actions cease to exist as independent suits and are merged for purposes of trial, thereby curing any issue of multiplicity of suits or abuse of court process.

Legislation cited (3)

Cases cited (4)

  • Supreme International Hotel v Hotel Diplomat (Civil Suit No. 22 of 2011)
  • Attorney General and Another v James Mark Kamoga and Another (Civil Appeal No. 08 of 2004)
  • Attorney General v John Amran Wagabyalire (Miscellaneous Application No. 302 of 2023)
  • Caesartone Sdot-Yam Ltd V. The World of Marble and Granite 2000 CC and Others ( 741/12) [2013] ZASCA

Full judgment

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

Balloon Ventures Limited and Another v Green Wish Express Travellers Investment and Another (Civil Suit No. 09 of 2022; Civil Suit No. 3 of 2023) [2025] UGHC 1392 (22 December 2025)
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.