Wakilii

Bharat and Another v Nyangweso and 3 Others (Miscellaneous Application 1687 of 2021)

High Court · [2023] UGHCLD 378 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for joinder as defendants in existing civil suit
Decision
Application for joinder dismissed; matters raised to be addressed at scheduling conference in the head suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed an application for joinder as defendants where the applicants had previously sued the deceased owner of the disputed land in HCCS No. 167 of 2006 and lost. The court held that allowing joinder would amount to a re-trial of the same claims already decided against the applicants, rendering any such re-trial res judicata. Further, plaintiffs in a tort suit cannot be compelled to sue persons they do not wish to sue.

Outcome

Application for joinder dismissed; matters raised to be addressed at scheduling conference in the head suit

Facts

The applicants sought to be joined as defendants in HCCS No. 074 of 2021, a suit by administrators of the estate of the late Major General Francis Nyangweso against the Attorney General claiming compensation for alleged compulsory acquisition of land comprised in Busiro Block 449 Plot 6 at Kasenyi measuring 61.0052 hectares. The applicants claimed an interest in the suit land based on an alleged lease agreement. In 2006, the applicants had sued the late Major General Nyangweso in HCCS No. 167 of 2006 for specific performance of the lease agreement. Judgment was entered for the late Major General, finding the applicants had not established their case. The applicants appealed vide Civil Appeal No. 344 of 2019, joining the respondents as parties to that appeal. The respondents opposed the joinder application, arguing it was barred by res judicata and that they should not be compelled to sue persons against whom they had no cause of action.

Issues

  1. Whether the Applicants should be joined as Defendants in the Head suit: HCCS No. 074 of 2021?

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Res Judicata — Application where matter previously litigated and decided
A court will not allow joinder of parties as defendants where doing so would require the court to re-try claims or issues already directly and substantially in issue in a former suit between the same parties which was heard and finally decided by a competent court, as such a re-trial would be res judicata.
Civil Procedure — Joinder of Parties — Principles governing joinder of defendants
The considerations a court takes into account when determining whether to join a defendant to a suit are: (i) whether any right to relief in respect of or arising out of the same act or transaction is alleged to exist against the proposed defendant such that common questions of law or fact would arise; and (ii) whether the presence of the proposed defendant is necessary to enable the court to effectually and completely adjudicate and settle all questions involved in the suit.
Civil Procedure — Joinder of Parties — Plaintiff's right to choose defendants in tort suit
A plaintiff being the dominus litis cannot be compelled to sue a person for damages in respect of a tort whom he does not wish to sue. A defendant cannot be added under Order 1 Rule 10(2) of the Civil Procedure Rules even if he is a willing party, in the face of opposition from the plaintiff in a suit in tort. Plaintiffs cannot be compelled to make averments for damages in an amended plaint against defendants for whom they do not believe they have a case.
Civil Procedure — Res Judicata — Scope of doctrine
The doctrine of res judicata applies not only to points upon which the first court was actually required to adjudicate, but also to every point which properly belonged to the subject of litigation and which the parties, exercising reasonable diligence, might have brought forward at the time.

Legislation cited (9)

Cases cited (2)

  • Kamunye v Pioneer Assurance Ltd [1971] EACA 263
  • Santana Fernandes v Kara Arjan & Sons and 2 Others [1961] EACA 693

Full judgment

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

Bharat_and_Another_v_Nyangweso_and_3_Others_(Miscellaneous_Application_1687_of_2021)_[2023]_UGHCLD_378_(12_October_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.