Green Wish Express Travellers Investment Ltd and Another v Balloon Ventures Ltd and Another (Miscellaneous Application No. 135 of 2025)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that where two suits arise from the same investment agreement and transaction, involve substantially overlapping parties, raise similar questions of law and fact concerning breach of contract, and both seek damages and other relief stemming from the same subject matter, consolidation should be ordered to avoid multiplicity of suits and ensure the interests of justice, notwithstanding minor differences in the parties and specific claims.

Outcome

Application for consolidation granted; two civil suits to be heard together as one consolidated matter

Facts

Green Wish Express Travellers Investment Ltd and Wamanga Baker (the applicants) applied to consolidate two pending suits: Civil Suit No. 9 of 2022 and Civil Suit No. 03 of 2023. Both suits arose from an investment agreement dated 11 November 2021 between Green Wish Express Travellers Investment Ltd and Balloon Ventures Ltd, under which Balloon Ventures agreed to advance UGX 90,000,000 (comprising UGX 17,000,000 cash and a motor vehicle valued at UGX 73,000,000) to Green Wish Express Travellers Investment Ltd. In Civil Suit No. 9 of 2022, the applicants sued Balloon Ventures Ltd and Opondo Company Ltd seeking damages for fraud, misrepresentation, and breach of contract, alleging that the full agreed amount was not disbursed and that a motor vehicle was unlawfully impounded. In Civil Suit No. 03 of 2023, Balloon Ventures Ltd sued Green Wish Express Travellers Investment Ltd and Wamanga Baker for recovery of UGX 137,171,000, claiming breach of the investment agreement and a personal guarantee. The respondents opposed consolidation, arguing that the suits raised different causes of action and involved different parties, and that consolidation would prejudice them.

Issues

1. Whether Civil Suit No. 9 of 2022 and Civil Suit No. 03 of 2023 should be consolidated and heard together.
2. Whether both suits raise the same or similar questions of law and fact.
3. Whether consolidation would occasion prejudice to any party.

Orders

• Civil Suit No. 09 of 2022 and Civil Suit No. 03 of 2023 are hereby consolidated.
• The consolidated suits are fixed for mention on the 27th day of October, 2025.
• Costs of this application shall be in the cause.

Rules and key headnotes

Legislation cited (5)

• Civil Procedure Rules SI.71 Order 11 rule 1
• Civil Procedure Rules SI.71 Order 11 rule 2
• Judicature Act Cap 16 s.33
• Judicature Act Cap 16 s.37
• Civil Procedure Act Cap 282 s.98

Cases cited (6)

• Prince Balera George & 71 Others V. Attorney General and National Forestry Authority and 153 others
• Mohan Musisi Kiwanuka v Asha Chand (Supreme Court Civil Appeal No. 14 of 2002)
• Stumberg & Anor v Potgieter (1970) EA 323
• Prince Balera & 7 Others v Attorney General & 153 Ors (High Court Miscellaneous Application No. 176 of 2017)
• Visare Uganda Limited v Muwema & Company Advocates and Solicitors (Miscellaneous Application No. 826 and 827 of 2023)
• S. C. Jain v Bindeshwari Devi 67 (1997) DLT 189

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Okot Santo and Others v Auma Susan (Civil Appeal 39 of 2025)
• Okot Santo and 3 Others v Auma Susan (CIVIL APPEAL NO.039 OF 2025)

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