Wakilii

Kintu Martin v Kavuma David and Others (Miscellaneous Application No.3372 of 2024)

High Court · [2025] UGHCLD 204 · 2025 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application arising from civil suit for orders to substitute parties, amend plaint, and compel production of land registry documents
Decision
Application partly allowed — substitution and amendment refused; production of land registry documents ordered

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that substitution of parties and amendment of plaint were not feasible where the 3rd Respondent was deceased and the 2nd and 4th Respondents were the same person. However, the court ordered the Commissioner Land Registration to provide certified copies of the white page for the suit land, as such documents are relevant and credible evidence for determining land ownership and encumbrances, and the Commissioner is the statutory custodian of registered land information.

Outcome

Application partly allowed — substitution and amendment refused; production of land registry documents ordered

Facts

The Applicant filed Civil Suit No. 542 of 2021 seeking to obtain title for land comprised in Busiro Block 424 Plot 142 at Mpala. He initially sued the 2nd Respondent intending to request court to appoint him nominee administrator of the deceased Muhamadi Rahamutula. In November 2024, the Applicant discovered that the estate had administrators (the 3rd and 4th Respondents) when he came across their application for a special certificate of title. He then sought to substitute them as defendants and amend his plaint accordingly. The 1st and 2nd Respondents opposed, stating that the 3rd Respondent (Wahib Muhamed) had died in January 2021, and that the 2nd and 4th Respondents were the same person (Mansour Mohammad, also known as Marjani M.M). The Applicant also sought certified copies of the white page from the Commissioner Land Registration to prove the existence of the title.

Issues

  1. Whether the 3rd and 4th Respondents should be substituted for the 2nd Respondent.
  2. Whether the Applicant should be granted leave to amend his plaint.
  3. Whether the 5th Respondent should be compelled to provide certified copies of the white page and instruments affecting the land comprised in Busiro Block 424 Plot 142 at Mpala.

Orders

  • Application for substitution of parties dismissed.
  • Application for leave to amend plaint dismissed.
  • The 5th Respondent to provide at least three certified copies of the white page pertaining to the land comprised in Busiro Block 424 Plot 142 at Mpala.
  • The Applicant to bear any necessary costs of securing the said certified copies.
  • Costs of this Application awarded to the 1st and 2nd Respondents.

Rules and key headnotes

Civil Procedure — Substitution of Parties — Non-Existent Party
A non-existent party cannot sue or be sued, and the court will not allow an action to proceed against a deceased person unless their estate or legal representative is properly joined.
Civil Procedure — Substitution of Parties — Considerations
The power to add, remove or substitute a party under Order 1 Rule 13 of the Civil Procedure Rules is wide and extensive, but the overriding consideration is that such order should not cause injustice to any party and should ensure that all questions in controversy are heard and determined to finality.
Civil Procedure — Discovery and Production of Documents — Relevance
A party seeking production of documents must demonstrate that the documents are relevant to the determination of the pending suit, and the suit must have pending issues before the court to which the application is made.
Land & Property — Land Registry — White Page as Evidence
The white page held by the Commissioner Land Registration is relevant and credible evidence that establishes not only the history of proprietorship but also reveals any encumbrances vital for the court in making just orders affecting land.

Legislation cited (9)

Cases cited (6)

  • Rajab Mudaki and Others v Best Kemigisha and Another (High Court Miscellaneous Application No. 90 of 2021)
  • The Fort Hall Bakery Supply Co. V Frederick Muigai Wangoe [1959] 1 EA 474 (SCK)
  • Abdulrahman Elamin v Dhabi Group (Civil Appeal No. 215 of 2013)
  • Gaso Transport services (Bus) Ltd Vs Obene (1990-1994) EA 88
  • Mulowooza and Brothers Ltd v Shah and Co. Ltd (Supreme Court Civil Appeal No. 26 of 2010)
  • Patricia Mutesi v Attorney General (Miscellaneous Application No. 912 of 2016)

Full judgment

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

Kintu_Martin_v_Kavuma_David_and_Others_(Miscellaneous_Application_No.3372_of_2024)_[2025]_UGHCLD_204_(21_August_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.