Kiggundu and Others v Ndagano [2025] UGHC 164

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

The court declined to determine the application to strike out the written statement of defence due to service irregularities. The Respondent was represented by two sets of advocates, but the application was served only on one firm. The court stayed the application and directed service on the second firm within 14 days to avoid multiplicity of proceedings and ensure fair hearing rights under Articles 28(1) and 44(c) of the Constitution.

Outcome

Application stayed pending proper service on all legal representatives of the Respondent

Facts

The Applicants filed Civil Suit No. 1185 of 2023 seeking cancellation of sale and transfer of land comprised in Busiro Block 543-544 and cancellation of illegal subdivisions. The Respondent filed two written statements of defence through two different law firms: one on 27 October 2023 through CCAKS Advocates and another on 1 November 2023 through Mukiibi Kyeyune Advocates. The Applicants filed this application on 20 November 2023 seeking to strike out the written statement of defence for containing general denials contrary to Order 6 of the Civil Procedure Rules. The application was served only on CCAKS Advocates and not on Mukiibi Kyeyune Advocates. The Respondent did not file an affidavit in reply to oppose the application.

Issues

1. Whether the written statement of defence filed by the Respondent offends Order 6 Rules 8, 10 and 30 of the Civil Procedure Rules.
2. What are the remedies available to the Applicants.

Orders

• Application stayed pending service on M/s Mukiibi Kyeyune Advocates.
• Applicants directed to serve the application and hearing notice on M/s Mukiibi Kyeyune Advocates within 14 days.
• Application shall be automatically dismissed upon failure to comply with the service direction within 14 days.

Rules and key headnotes

Legislation cited (11)

• Civil Procedure Rules Order 6 rule 8
• Civil Procedure Rules Order 6 rule 10
• Civil Procedure Rules Order 6 rule 30
• Civil Procedure Rules Order 13 rule 6
• Civil Procedure Rules Order 52 rule 1
• Civil Procedure Rules Order 52 rule 2
• Civil Procedure Act Cap 282 s.98
• Judicature Act Cap 13 s.33
• Constitution of Uganda 1995 Article 12(1)(2)(e)
• Constitution of Uganda 1995 Article 28(1)
• Constitution of Uganda 1995 Article 44(c)

Cases cited (7)

• Samwili Massa versus Ronald Makererere University Vs St. Mark Education Institute Ltd & Ors (1994) IV KLR 26
• Totoro District Administration v Andalarapo Ltd (1997) IV KALR 126
• Equator Touring Service Ltd v City Council of Kampala (Miscellaneous Application No. 406 of 2013)
• Central Electrical International Ltd v Eastern Builder & Engineers (Miscellaneous Application No. 176 of 2008)
• Excel Constructions Ltd Vs AG HCCS No. 3007
• John Peter Nazareth v Barclays Bank International Ltd (EACA 39 of 1976)
• Ssejemba Israel v Attorney General (Constitutional Petition No. 037 of 2014)

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