Life Line Ministries vs Akello Frida and 12 others (Miscellaneous Application No. 3 of 2022)

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

Held that in representative suits, a party who obtains a representative order has sufficient authority to swear affidavits on behalf of others in the same interest without seeking further authority. The court clarified that under Order 8 rules 8–10 of the Civil Procedure Rules, a defendant filing a counterclaim need not seek leave to add new parties as counter-defendants; rather, the defendant includes all counter-defendants in the title of the counterclaim within the written statement of defence and effects service upon them. The original procedure adopted by the applicant was correct, and the objection that led to the application was misplaced. Application allowed with costs in the cause.

Outcome

Application allowed; applicant directed to file counterclaim as part of written statement of defence with all counter-defendants named and served

Facts

The applicant, Life Line Ministries, filed this interlocutory application seeking leave to amend its written statement of defence to add a counterclaim and join respondents 8–13 as counter-defendants in Civil Suit No. 5 of 2018. Civil Suit No. 5 of 2018 was a representative suit filed by respondents 1–6 claiming ownership of disputed land. The applicant alleged that respondents 8–13, who were formerly pastors appointed to run its branch churches in various districts, had resigned and taken over the applicant's properties in those branches. The applicant sought to counterclaim against them for declarations that they were illegally occupying the applicant's properties. The applicant had previously filed a counterclaim including these parties, but the respondents objected on the ground that the counterclaim contained strangers to the suit. The respondent raised a preliminary objection that the affidavit in reply, sworn only by the 3rd respondent in a representative suit, was defective. The court had to determine the validity of the preliminary objection and whether the applicant's procedure for adding counter-defendants was correct.

Issues

1. Whether the respondent's affidavit in reply was defective for being sworn by the 3rd respondent alone in a representative suit.
2. Whether the applicant was entitled to amend its written statement of defence to add a counterclaim and join additional parties as counter-defendants.
3. Whether the correct procedure for filing a counterclaim requires leave of court to add new parties as counter-defendants.

Orders

• Application allowed.
• The applicant is directed to file all required pleadings in regard to the counterclaim as part of its written statement of defence, naming all counter-defendants.
• Counter-defendants are to be served with the written statement of defence containing the counterclaim.
• Costs of the application in the cause.

Rules and key headnotes

Legislation cited (9)

• Civil Procedure Act s.98
• Judicature Act s.33
• Civil Procedure Rules O.1 r.3
• Civil Procedure Rules O.1 r.10(2)
• Civil Procedure Rules O.1 r.13
• Civil Procedure Rules O.8 r.8
• Civil Procedure Rules O.8 r.9
• Civil Procedure Rules O.8 r.10
• Evidence Act s.133

Cases cited (7)

• Owor Media and Another v Eco Bank Uganda Ltd (Miscellaneous Application No. 1105 of 2014)
• Lena Nakabembe and 3 Others v Mucunguzi Myers (Miscellaneous Application No. 460 of 2013)
• Taremwa Kamishani and Others v Attorney General (Miscellaneous Application No. 38 of 2012)
• Taremwa Kamishani and 8 Others v Attorney General and 2 Others (Miscellaneous Cause No. 38 of 2012)
• Kaheru and Another v Zinorumuri (Miscellaneous Application No. 82 of 2017)
• Kabyanga v Sanyu (Civil Suit No. 304 of 2002)
• Nile Breweries Ltd v Brunal Ozunga T/a Nebbi Boss Stores (High Court Civil Suit No. 580 of 2006)

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