Katamba v Magambi and 13 Others (Civil Miscellaneous Application No. 1377 of 2020)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application under section 98 of the Civil Procedure Act and Order 1 rules 3 and 13 of the Civil Procedure Rules to add the 1st respondent as 2nd defendant in a pending land suit. The respondents did not file objections and correspondence on record showed willingness to consent. The court treated the application as uncontested and granted the orders sought with costs in the cause.
Outcome
1st respondent added as 2nd defendant in the main suit; matter to proceed with further directives
Facts
The applicant, Phillip Mike Katamba, is the registered owner of land comprised in Kyadondo Block 97, plot 44 at Busimbo. He brought an application seeking to add the 1st respondent, Mr. Magimbi Farouq, as the 2nd defendant in Civil Suit No. 550 of 2020. The respondents did not file any objection to the application. Correspondence on record showed that counsel for the respondents had expressed willingness to consent to the application in a letter dated 19th October 2020. Although no signed consent orders were found on record, the exchanges between counsel demonstrated that the respondents were aware of the application but chose not to oppose it.
Issues
- Whether the 1st respondent should be added as the 2nd defendant in Civil Suit No. 550 of 2020.
Orders
- Application granted.
- The 1st respondent, Mr. Magimbi Farouq, to be added as the 2nd defendant in Civil Suit No. 550 of 2020.
- Costs in the cause.
- Parties to attend court for further directives.
Legislation cited (3)
- Civil Procedure Act Cap.71 s.98
- Civil Procedure Rules S.I No. 71-1 Order 1 r.3
- Civil Procedure Rules S.I No. 71-1 Order 1 r.13
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.