Wakilii

Kabenge and 2 Others v Kizza and 5 Others (Miscellaneous Application 1050 of 2024)

High Court · [2025] UGHCLD 65 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application to add parties and amend pleadings in pending land suit
Decision
Application granted; parties added as defendants; plaint to be amended accordingly

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an application to add three additional parties as defendants to a pending land suit and permitted amendment of the plaint. All parties consented to the joinder. The court exercised its discretion under the Civil Procedure Act and Rules to allow the addition where no prejudice was shown.

Outcome

Application granted; parties added as defendants; plaint to be amended accordingly

Facts

The applicants, who are administrators of an estate and plaintiffs in Civil Suit No. 555 of 2019, sought to add three additional persons as defendants to the suit and to amend the plaint accordingly. When the application was called for hearing, all parties present indicated they had no objection to the proposed joinder. Counsel for the 2nd defendant and counsel representing the proposed 4th, 5th and 6th defendants both consented to the amendment.

Issues

  1. Whether the 4th, 5th and 6th respondents should be added as defendants to Civil Suit No. 555 of 2019.
  2. Whether leave should be granted to amend the plaint to include the additional defendants.

Orders

  • Yusuf Kawuma, Huzairu Ssekaayi and Kisekka Lawrence be added as defendants to Civil Suit No. 555 of 2019.
  • Leave is granted to amend the plaint in the main suit to include the 4th, 5th and 6th respondents as defendants.
  • Each party shall bear their own costs.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Addition of Defendants — Consent of Parties
Where all parties to a suit consent to the addition of new defendants and no prejudice is demonstrated, the court will exercise its discretion under Order 1 Rule 10(2) of the Civil Procedure Rules to allow the joinder.

Legislation cited (5)

  • Civil Procedure Act s.98
  • Civil Procedure Rules O.1 r.10(2)
  • Civil Procedure Rules O.1 r.13
  • Civil Procedure Rules O.6 r.19
  • Civil Procedure Rules O.6 r.31

Full judgment

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

Kabenge_and_2_Others_v_Kizza_and_5_Others_(Miscellaneous_Application_1050_of_2024)_[2025]_UGHCLD_65_(29_May_2025)
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.