Damanico Properties Limited v Kaserebe and 4 Others (Miscellaneous Application No. 760 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application to expunge amended plaint dismissed. Court granted alternative prayer ordering plaintiff to disclose value of subject matter and provide evidence that all requisite court fees have been paid within 30 days for the plaint to be taken on record as basis for consolidated suit. Costs in the cause.
Outcome
Plaintiffs ordered to disclose value of subject matter and prove payment of court fees within 30 days for plaint to be taken on record
Facts
This was an interlocutory application arising from four consolidated civil suits (HCCS No. 164 of 2017, HCMC No. 288 of 2019, HCMC No. 435 of 2019, and HCCS No. 405 of 2019). The applicant sought an order to expunge the amended plaint for violating agreed parameters for consolidating the matters. The court noted that since taking over the cases, parties had made it impossible to proceed due to endless procedural disputes. The third respondent had petitioned for a stay pending applications before the Court of Appeal. The applicant's alternative prayer sought an order that the plaintiff disclose the value of the subject matter and pay any unpaid court fees.
Issues
- Whether the amended plaint should be expunged for violating agreed parameters for consolidation of matters.
- Whether the plaintiff should be ordered to disclose the value of the subject matter and provide evidence of payment of requisite court fees.
Orders
- Application to expunge amended plaint dismissed.
- Alternative prayer granted.
- Plaintiffs ordered to disclose the value of the subject matter within 30 days from the date of this ruling.
- Plaintiffs ordered to provide evidence that all requisite fees have been paid within 30 days from the date of this ruling.
- Upon compliance, the plaint to be taken on record as the basis for the consolidated suit in lieu of HCCS No. 164 of 2017, HCMC No. 288 of 2019, HCMC No. 435 of 2019 and HCCS No. 405 of 2019.
- Costs in the cause.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.