Wakilii

Comfort Homes (U) Limited v Koku Apuuli and Others (Miscellaneous Application 3556 of 2023)

High Court · [2023] UGHCLD 419 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application to join additional defendants in an ongoing civil suit for trespass
Decision
Application granted; named parties joined as co-defendants and proceedings to continue with amended pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where defendants in a trespass suit state they are mere occupiers on behalf of registered proprietors, the registered proprietors ought to be joined as co-defendants under Order 1 rule 10(2) of the Civil Procedure Rules. Their presence is necessary to enable the court to effectually and completely adjudicate upon all questions involved in the suit and to avoid multiplicity of suits. The application was granted with each party bearing its own costs.

Outcome

Application granted; named parties joined as co-defendants and proceedings to continue with amended pleadings

Facts

Comfort Homes (U) Ltd is the registered proprietor of Block 221 Plot 2345 at Nalyako, Wakiso District measuring 0.84 hectares. After conducting a boundary survey, the applicant discovered that adjoining plots 604, 607, 608 and 609 encroached upon its land. The applicant filed civil suit No.88 of 2019 for trespass against the occupiers of these plots. In their defence, the respondents stated they were not registered proprietors but mere occupiers. Plot 608 is registered in the names of Joyce Kuku Winyi, Plot 604 in the names of Grace Tibihikira Makoko, and Plot 607 in the names of Priscilla Kuku. The applicant then brought this application to join the registered proprietors as co-defendants. The 2nd respondent objected, arguing that the proposed defendants had not been heard in the application and that their absence breached natural justice.

Issues

  1. Whether Joyce Kuku Winyi, Grace Tibihikira Makoko and Priscilla Kuku can be added as defendants in civil suit No.88 of 2019.
  2. What remedies are available to the parties?

Orders

  • Joyce Kuku Winyi, Grace Tibihikira Makoko and Priscilla Susan Kuku be joined as co-defendants in civil suit No.88 of 2019.
  • The applicant shall file and serve an amended plaint within 21 days from the date of this ruling.
  • The applicant to serve the amended plaint together with summons to file a defence onto Joyce Kuku Winyi, Grace Tibihikira Makoko and Priscilla Susan Kuku who should file their written statement of defence within 15 days from the date of service.
  • The respondents may file an amended written statement of defense within 15 days from the date of service of the summons and the amended plaint.
  • Each party to bear its own costs.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Addition of Defendants — Principles for Exercise of Discretion
Under Order 1 rule 10(2) of the Civil Procedure Rules, the court has discretion at any stage of the proceedings to order that any person whose presence before court is necessary to enable court effectually and completely to adjudicate upon and settle all questions involved in the suit be added as a party.
Civil Procedure — Joinder of Parties — Addition of Necessary Parties — Registered Proprietors in Land Trespass Suits
Where defendants in a trespass suit state that they are mere occupiers holding land on behalf of registered proprietors, the registered proprietors ought to be joined as parties because orders affecting the land will affect their interests and the court cannot completely determine the suit without considering their interests.
Civil Procedure — Joinder of Parties — Avoidance of Multiplicity of Suits
The addition of registered proprietors as parties serves to minimize further suits that may be brought by the same proprietors and avoids the multiplicity of suits, which the law on addition of parties intends to cure.
Civil Procedure — Fair Hearing — Preliminary Objections — Persons to be Joined Need Not Be Heard Before Joinder Application is Determined
The right to fair hearing guaranteed by the Constitution applies to the determination of civil rights and obligations. An application to join parties under Order 1 rule 10(2) does not determine any existing right and therefore the proposed parties need not be accorded a hearing before the application is determined.

Legislation cited (4)

Cases cited (3)

  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd (1991) EA 55
  • Bakaluba Peter Mukasa v Betty Nambooze Bakireke (Election Petition Appeal No. 4 of 2009)
  • Samson Sempesa v P.K Sengendo (Miscellaneous Application No. 577 of 2013)

Full judgment

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

Comfort_Homes_(U)_Limited_v_Koku_Apuuli_and_Others_(Miscellaneous_Application_3556_of_2023)_[2023]_UGHCLD_419_(29_December_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.