Wakilii

Lukandwa v Sentamu & Another (Miscellaneous Application 19 of 2023)

High Court · [2023] UGHC 385 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for joinder as party to pending miscellaneous application arising from divorce proceedings
Decision
Applicant joined as respondent to Miscellaneous Application No. 83 of 2022; Finance Bank Limited also joined as respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that an applicant seeking joinder cannot challenge the legality of proceedings to which he is not yet a party for lack of locus standi. However, where orders sought in a miscellaneous application affect the interests of an estate and involve de-registration of a mortgage on estate property, the executor must be joined to enable effective and complete adjudication. The court also ordered joinder of the mortgagee bank whose interests were directly affected.

Outcome

Applicant joined as respondent to Miscellaneous Application No. 83 of 2022; Finance Bank Limited also joined as respondent

Facts

The applicant, executor of the estate of the late Daudi Sentamu, sought to be joined as a party to Miscellaneous Application No. 83 of 2022. The 1st respondent, Grace Babisa Sentamu, had obtained property orders in Divorce Cause No. 02 of 2019 and subsequently filed HCMA No. 118 of 2021. She then filed HCMA No. 83 of 2022 seeking orders to de-register a mortgage held by Finance Trust Bank Limited on Plot 9B Baines Terrace, Kizungu, Masaka (FRV 660 Folio 4) to enable issuance of a certificate of title for her 50% share, and to re-register the mortgage on the remaining 50% belonging to the deceased's estate. The applicant contended that the orders sought would affect the estate's interests. A related civil suit (HCCS No. 58 of 2022) was also pending involving the same property, the applicant, and Finance Trust Bank.

Issues

  1. Whether the applicant should be joined as a party to Miscellaneous Application No. 83 of 2022
  2. Whether the applicant has locus standi to challenge the legality of proceedings to which he is not yet a party

Orders

  • The Applicant and Finance Bank Limited shall be added as Respondents to HCMA No. 83 of 2022.
  • The Application shall be served on them within 30 days from receipt of this ruling.
  • The costs of the Application shall follow the outcome of HCMA No. 83 of 2022.

Rules and key headnotes

Civil Procedure — Locus Standi — Challenging Legality of Proceedings — Party Not Yet Joined
An applicant seeking to be joined to proceedings cannot challenge the legality of those proceedings on grounds of res judicata or lis pendens before being joined, as he lacks locus standi to be heard on the demerits of proceedings to which he is not yet a party.
Civil Procedure — Joinder of Parties — Necessary Parties — Test for Joinder
Before a party can be joined under Order 1 Rule 10(2) of the Civil Procedure Rules, it must be established that the orders sought will affect the interest of that person, and that it is desirable to have that person joined to prevent multiplicity of suits or to enable the defendant to effectually set up a desired defence.
Civil Procedure — Joinder of Parties — Estate Interests — Mortgage De-registration
Where an application seeks to de-register a mortgage on property forming part of an estate, the executor of that estate must be joined as a party because the orders sought directly affect the estate's interests and effective determination requires the estate's participation.
Civil Procedure — Joinder of Parties — Mortgagee's Interest — Necessary Party
Where an application seeks orders to de-register a mortgage, the mortgagee bank must be joined as a respondent because its interests are directly affected and its presence is necessary to conclusively resolve the issues and enable effective and complete determination.

Legislation cited (7)

Cases cited (8)

  • General Industries Ltd v Non-Performing Assets Recovery Trust & 3 Others (Civil Appeal No. 51 of 2007)
  • Springs International Hotel Ltd versus Hotel Diplomate Ltd and another
  • Sempasa v Sengendo (HCMA No. 577 of 2013)
  • Dima Domnic v Inyani & Another (HCCA No. 17 of 2016)
  • Katuntu & Another v MTN Uganda Ltd & Others (HCCS No. 248 of 2012)
  • Kololo Curing Co Ltd v West Mengo Co-op Union Ltd [1981] HCB 60
  • Yahaya Kariisa v Attorney General & Another (SCCA No. 7 of 1994)
  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd [1999] 1 EA 55

Full judgment

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

Lukandwa v Sentamu & Another (Miscellaneous Application 19 of 2023) [2023] UGHC 385 (7 September 2023)
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.