Ms Marketing Support Services Limited v Administrator General (Miscellaneous Application 2834 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted leave to issue a third party notice against the Administrator General. The Applicant, registered on the title to land in 1997 following a transfer from the Administrator General as administrator of a deceased estate, was entitled to seek contribution or indemnity from the Administrator General in a pending suit where the Applicant was sued as 5th Defendant. The transfer document and certificate of title entries justified the issuance of the third party notice to the party from whom the Applicant derived its interest in the suit property.
Outcome
Third party notice issued against Administrator General
Facts
In December 1997, the Administrator General of Uganda was registered as proprietor of land at Muyenga comprised in LRV 1415 Folio 1 Plot 3793 Kyadondo Block 244, as administrator of the Estate of the Late Yosamu Kamanyire Atwooki. In the same month and year, the Administrator General transferred the land to M/S Marketing Support Services Ltd, which was then registered on the title. A pending consolidated civil suit (H.C.C.S No. 961 of 2018) was brought by Mr. Kiggundu Moses against six defendants including M/S Marketing Support Services Ltd as 5th Defendant, seeking a declaration that the land belongs to the plaintiff and damages for fraudulent acquisition. M/S Marketing Support Services Ltd sought leave to issue a third party notice against the Administrator General for contribution or indemnity. The Administrator General opposed on grounds it was no longer the administrator of the estate.
Issues
- Whether a third party notice ought to issue as prayed by the Applicant?
Orders
- A third party notice hereby issues against the Administrator General for the contribution/indemnity of M/S Marketing Support Services Ltd, the 5th Defendant in Civil Suit No. 961 of 2018.
- Costs in the Cause.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.