Wakilii

Dr. Kirabo v Registered Trustees of Mengo Central, Old Boys Club and Another (Miscellaneous Application No. 808 of 2021)

High Court · [2022] UGHCCD 247 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to be added as a co-respondent to a pending judicial review proceeding
Decision
Application dismissed with costs to the 1st respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An applicant seeking to be added as a co-respondent in a judicial review proceeding must show that the orders sought would affect their interests and that their presence is necessary for complete adjudication. Where the applicant seeks to litigate private rights in property and allegations of fraud, they cannot be added to a judicial review proceeding which concerns only public law principles and the exercise of ministerial power. The application for joinder was dismissed.

Outcome

Application dismissed with costs to the 1st respondent

Facts

The applicant sought to be added as a co-respondent in Miscellaneous Cause No. 195 of 2021, a judicial review application challenging the Minister of Lands' decision to revoke consent to amend the constitution of Mengo Central Old Boys Club. The applicant claimed interest in land comprised in Kibuga Block 10, Plot 50 at Bukesa, Kampala District, allegedly owned by the club. He stated he was evicted from the land and asserted that the club was illegally reconstituted. He further alleged fraud and illegality in the composition of the club's trusteeship. The applicant argued his presence was necessary because the minister's decision (under challenge in the main cause) was made following his complaints, and that the orders sought would affect his proprietary interests in the land.

Issues

  1. Whether the applicant is a necessary party to Miscellaneous Cause No. 195 of 2021 to warrant his addition as a party

Orders

  • Application dismissed.
  • Costs awarded to the 1st respondent.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Order 1 Rule 10(2) CPR — Discretion of Court
The court has discretion under Order 1, Rule 10(2) of the Civil Procedure Rules to add any person as a party whose presence is necessary to enable the court to effectually and completely adjudicate upon and settle all questions involved in the suit. This discretion may be exercised on application or on the court's own motion, and must be exercised judiciously based on sound principles.
Civil Procedure — Joinder of Parties — Requirements for Addition
For a party to be joined as necessary for the effective and complete settlement of all questions in the suit, it must be shown either that the orders sought would legally affect the interest of that person and that it is desirable to have that person joined to avoid multiplicity of suits, or that the defendant could not effectually set up a desired defence unless that person was joined, or an order made that would bind that other person.
Administrative Law — Judicial Review — Scope and Purpose — Public Law vs Private Rights
Judicial review is concerned with the courts' supervisory jurisdiction to check and control the exercise of power by those in public offices or persons or bodies exercising quasi-judicial functions. The orders sought under judicial review do not determine private rights but ensure that the individual is given fair treatment by the authority to which they have been subjected. Judicial review is available where the subject matter involves claims based on public law principles and not enforcement of private law rights.
Civil Procedure — Joinder of Parties — Judicial Review — Limitation on Joinder for Private Rights
An applicant seeking to be joined as a party to a judicial review proceeding in order to litigate issues of fraud and proprietary interest in land (which are matters of private law) cannot be added, as such matters are not public rights to be determined under an application for judicial review. The applicant must not be amenable to judicial review and must not seek to determine private rights through a public law remedy.

Legislation cited (14)

Cases cited (11)

  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd (Civil Appeal No. 9 of 1998)
  • Yahaya Walusimbi v Justine Nakalanzi and 4 Others (Miscellaneous Application No. 386 of 2018)
  • Kololo Curing Co. Ltd v West Mengo Co-op Union Ltd [1981] HCB 60
  • Yahaya Kariisa v Attorney General and Another (Supreme Court Civil Appeal No. 7 of 1994)
  • Samson Sempasa v P.K. Sengendo (High Court Miscellaneous Application No. 577 of 2013)
  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd [1999] 1 EA 55
  • Gokaldas Laximidas Tanna v Store Rose Muyinza (High Court Civil Suit No. 7076 of 1987)
  • John Jet Tumwebaze v Makerere University Council and 2 Others (Miscellaneous Cause No. 353 of 2005)
  • DOTT Services Ltd v Attorney General (Miscellaneous Cause No. 125 of 2009)
  • Balondemu David v The Law Development Centre (Miscellaneous Cause No. 61 of 2016)
  • Okelue v Medukam (2011) 2 NWLR (Pt 1230) 176

Full judgment

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

Dr. Kirabo v Registered Trustees of Mengo Central, Old Boys Club and Another (Miscellaneous Application No. 808 of 2021) [2022] UGHCCD 247 (30 November 2022)
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.