Wakilii

Lwanyanga Frank v Bishop David Kiganda and Anor (Miscellaneous Application No. 1287 of 2022)

High Court · [2022] UGHCLD 170 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application to add 2nd respondent as party and amend plaint in ongoing civil suit for trespass
Decision
Application granted with directions for amendment and service

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.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court granted an application to add the 2nd respondent as a party to ongoing trespass proceedings and to amend the plaint. The applicant established that the 1st respondent conducted business through the 2nd respondent entity on adjoining land and that the 2nd respondent owned commercial containers placed on the suit land. The 1st respondent did not oppose the application and the 2nd respondent filed no affidavit in reply, rendering the applicant's evidence uncontested.

Outcome

Application granted with directions for amendment and service

Facts

The applicant filed Civil Suit No. 516 of 2022 against the 1st respondent alleging trespass on Plot 1472, Block 12 Mengo. The applicant later discovered that the 1st respondent conducted business through corporate entities including the 2nd respondent, His Kingdom Broadcasting Services. The 1st respondent caused registration of adjoining land Plot 1627 in the 2nd respondent's name and placed commercial containers on the suit land through the 2nd respondent entity. The 1st respondent insisted the containers were on the adjoining Plot 1627 registered to the 2nd respondent, not on the applicant's Plot 1472. A survey and boundary opening report indicated the containers were in fact on the suit land. The applicant sought to add the 2nd respondent as party and amend the plaint to reflect the cause of action against it.

Issues

  1. Whether the 2nd respondent should be added as a party to Civil Suit No. 516 of 2022.
  2. Whether the plaint should be amended to reflect the cause of action against the 2nd respondent.

Orders

  • The applicant shall file in court an amended plaint within ten (10) days from the date of this ruling.
  • The plaintiff/applicant shall serve all defendants/respondents with the amended plaint and summons to file their defences within ten (10) days upon receiving the same.
  • No costs granted.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Addition of Parties — Joinder of Corporate Entity Through Which First Defendant Conducts Business
Where a defendant conducts business through a corporate entity and the disputed acts occur through that entity, the court may permit joinder of the corporate entity as a party and amendment of the plaint to reflect the cause of action against it in the interests of conclusive resolution of the dispute.
Civil Procedure — Affidavit Evidence — Uncontested Affidavits — Effect of Failure to File Reply
Where facts are sworn to in an affidavit and not denied by the opposite party through an affidavit in reply, the presumption is that they are accepted and the affidavit in support is taken to be unchallenged and truthful, subject to the contents passing the test of cogent evidence of probative value.

Legislation cited (4)

Cases cited (3)

  • Samwiri Mussa v Rose Achen (1978) HCB 297
  • Eridadi Ahimbisibwe versus Kalyesubula Fenekansi versus World Food Programme & Others [1998] KALR 32
  • Luwero District Land Board & Others

Full judgment

↓ Download PDF

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

Lwanyanga_Frank_v_Bishop_David_Kiganda_and_Anor_(Miscellaneous_Application_No._1287_of_2022)_[2022]_UGHCLD_170_(6_September_2022)
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.