Namande v MKS Limited and 2 Others (Miscellaneous Application 399 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted the application to join the applicant as a party defendant to Civil Suit No. 656 of 2020. The court held that where facts are sworn to in an affidavit and not denied by the opposite party, they are presumed accepted. Since none of the respondents opposed the application, and it was in the interest of justice that all matters touching the suit land be determined finally and completely to avoid multiplicity of proceedings, the application was granted with no order as to costs.
Outcome
Applicant joined as party defendant to the underlying suit
Facts
The applicant is the heir and beneficiary of the late Lusiya Nabawanuka Namutebi, who was the registered proprietor of land comprised in Block 276 Plot 2500 at Buge Ntinda, measuring approximately 2 acres, used as burial grounds. The deceased was buried on the land. In February 2023, the applicant learned that the respondents had instituted Civil Suit No. 656 of 2020 seeking cancellation of Nabuuma Justine Lusiya as registered proprietor and reinstatement of the respondents as registered proprietors of subdivided plots 4478 and 4477. The applicant alleged that Nabuuma Justine Lusiya, the 2nd defendant in the suit purporting to be administrator of the deceased's estate, was fraudulently granted letters of administration and is not a descendant of the deceased. The applicant claimed the respondents fraudulently subdivided the land and sought to deprive the deceased's lawful beneficiaries of their interest. The applicant sought to be joined to protect her beneficial interest in the land.
Issues
- Whether the applicant should be joined as a party defendant to Civil Suit No. 656 of 2020.
Orders
- Application granted.
- Applicant joined as a party cum defendant to Civil Suit No. 656 of 2020 and all applications arising therefrom.
- No order as to costs.
Rules and key headnotes
Legislation cited (5)
Cases cited (3)
- Makerere University v St. Mark Education Institute Ltd and Others [1994] KALR 26
- Eridad Ahimbisibwe v World Food Programme and Others [1998] KALR 32
- Kalyesubula Fenekansi v Luwero District Land Board and Others (Miscellaneous Application No. 367 of 2011)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.