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Cairo Bank Uganda v Banga Michael Ssemugabi (Miscellaneous Application No. 1406 of 2025)

High Court · [2025] UGCOMMC 498 · 2025 Application Partly Allowed — Party Addition Ordered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for eviction order arising from mortgage foreclosure and sale by public auction
Decision
Application adjourned pending addition of necessary party and service of amended pleadings

Observed later treatment

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Holding

The court held that while the omission of Ms. Zalwango Margaret, a co-owner and co-contracting party, from the eviction application infringed her right to be heard under Article 28 of the Constitution, the defect was curable under Order 1 Rule 10(2) of the Civil Procedure Rules. The court ordered the applicant to amend the Notice of Motion to add Ms. Zalwango as a co-respondent rather than dismissing the application, thereby balancing procedural fairness with the interests of justice.

Outcome

Application adjourned pending addition of necessary party and service of amended pleadings

Facts

The respondent obtained a loan facility of UGX 412,000,000 from the applicant bank in February 2020, secured by land at Kisugu. The respondent defaulted and the bank issued notices of default and sale. When the bank advertised the property for sale in May 2024, the respondent instituted Civil Suit No. 624 of 2024 and obtained an injunction conditioned on payment of 30% of the outstanding loan within 45 days. The respondent failed to meet this condition. The property was re-advertised and sold by public auction on 7th February 2025 to Dr. Byarugaba Jover, who obtained transfer of the certificate of title. The bank then sought an eviction order against the respondent. The respondent objected that Ms. Zalwango Margaret, his partner and co-owner of the school, was not joined as a party despite being a co-contracting party and co-plaintiff in the main suit.

Issues

  1. Whether the application is incompetent and should be struck off for not adding Zalwango Margaret as a respondent?

Orders

  • The applicant is ordered to amend the Notice of Motion to add Ms. Zalwango Margaret as a co-respondent.
  • The amended Notice of Motion should be served on Ms. Zalwango by 4th September 2025.
  • The respondents should make all necessary amendments to their evidence by 5th August 2025.
  • The hearing of this application is adjourned to 8th September 2025 at 9:30am.

Rules and key headnotes

Civil Procedure — Parties — Joinder of Necessary Parties — Right to be Heard
Where a person is a co-owner of mortgaged property and a co-contracting party to the loan facility, that person is entitled to be joined as a party to eviction proceedings arising from the mortgage foreclosure, as their exclusion infringes the constitutional right to be heard under Article 28 of the Constitution.
Civil Procedure — Preliminary Objections — Curable Defects — Addition of Parties
The omission of a necessary party from an application is a curable defect under Order 1 Rule 10(2) of the Civil Procedure Rules, and the court may order the addition of such party rather than dismissing the application, where the addition is necessary for the disposal of the substantive issues.
Civil Procedure — Preliminary Objections — Nature and Scope
A preliminary objection must be raised on purely points of law such as jurisdiction, limitation, or procedural irregularities, and cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion.

Legislation cited (8)

Cases cited (1)

  • Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd [1969] EA 696

Full judgment

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

Cairo Bank Uganda v Banga Michael Ssemugabi (Miscellaneous Application No. 1406 of 2025) [2025] UGCommC 498 (2 September 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.