Wakilii

Kabaluku & Anor v Makoha [1992] UGHCCD 1

High Court · 1992 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application in civil suit to join additional party as second defendant
Decision
Application to join additional defendant dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court dismissed the application to join Abedi Mwase as a second defendant, holding that his presence was not vital for determining ownership of the disputed premises. The court found the application was brought in bad faith, as the true motive was the applicants' displeasure at Mwase's refusal to testify on their behalf, not to serve the ends of justice.

Outcome

Application to join additional defendant dismissed

Facts

The plaintiffs brought a civil suit regarding disputed premises and subsequently applied to join Abedi Mwase as a second defendant. The plaintiffs claimed Mwase had been involved in the disposal of the disputed premises and that his joinder was necessary to determine ownership. The plaintiffs' notice of motion and supporting affidavit stated that they had believed Mwase would be a reliable witness who had assured them of his support, but he could no longer be relied upon. The defendant opposed the application, arguing that the question of title had been settled by lower courts and that the main suit was res judicata.

Issues

  1. Whether Abedi Mwase should be joined as a second defendant to enable the court to properly adjudicate the question of ownership of the suit premises.

Orders

  • Application dismissed.
  • Costs to the respondent/defendant.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Discretionary Power under Order 1 Rule 10(2)
Under Order 1 rule 10(2) of the Civil Procedure Rules, the court has discretionary power to order that any person be joined to proceedings to enable the court to effectively and completely adjudicate upon and settle all questions involved in the suit, but this power must be exercised judiciously and only where the issues cannot be satisfactorily resolved without such joinder.
Civil Procedure — Joinder of Parties — Good Faith Requirement
An application to join a party as a defendant will be dismissed if brought in bad faith, particularly where the true motive is to express displeasure at a person's refusal to testify as a witness rather than to meet the ends of justice, as those who seek redress must come to court with clean hands.

Legislation cited (3)

Cases cited (1)

  • Coffee Works (Mugambi) Ltd v Kayemba

Full judgment

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

Kabaluku & Anor v Makoha [1992] UGHCCD 1 (18 June 1992)
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.