Wakilii

Nampande Safina and 2 Other v Twaha jafari and 4 Others (Miscellaneous Application No 89 of 2024)

High Court · [2025] UGHCLD 308 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for consolidation of two pending civil suits arising from the same land dispute
Decision
Application granted; suits consolidated; applicants to file amended plaint within 14 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application to consolidate two civil suits (No. 1004 of 2023 and No. 202 of 2021) involving the same land, same defendant, and beneficiaries of the same estate. The court exercised its inherent powers under section 98 of the Civil Procedure Act and Order 11 rule 1 of the Civil Procedure Rules to order consolidation in the interest of speedy trial and case management, despite the respondents not having been served with the application.

Outcome

Application granted; suits consolidated; applicants to file amended plaint within 14 days

Facts

The applicants and the 1st to 3rd respondents are beneficiaries of the estate of the late Hajji Kasaka Jafari Kizito, the initial owner of land comprised in Kibuga Block 38 Plot 314 at Kagugube Wandegeya. The 4th respondent attempted to demolish structures on the land and evict the occupants in 2021. The applicants filed Civil Suit No. 1004 of 2023 seeking declarations that they are bonafide occupants, that the attempted eviction was unlawful, and seeking a permanent injunction, damages, interest and costs. The 1st to 3rd respondents had earlier filed Civil Suit No. 202 of 2021 against the same 4th respondent seeking substantially the same orders. Both suits were pending before the High Court Land Division. The applicants brought this application seeking consolidation of the two suits and a stay of proceedings in Civil Suit No. 202 of 2021 pending consolidation.

Issues

  1. Whether HCCS No. 1004 of 2023 and HCCS No. 202 of 2021 should be consolidated
  2. What remedies are available to the parties

Orders

  • Civil Suit No. 1004 of 2023 and Civil Suit No. 202 of 2021 are hereby consolidated.
  • The applicants are ordered to file an amended plaint and serve on the respondents within 14 days from the date of this ruling.
  • The costs of this application will abide the outcome of the consolidated suit.

Rules and key headnotes

Civil Procedure — Consolidation of Suits — Grounds for Consolidation
Where two or more suits are pending in the same court involving the same or similar questions of law or fact, the court may order consolidation either on application or on its own motion. Consolidation is appropriate where there are common questions of law, the rights to relief arise from the same transaction or series of transactions, and it is otherwise desirable to approve consolidation.
Civil Procedure — Consolidation of Suits — Factors to Consider
In exercising discretion to consolidate suits, the court considers factors including: the extent to which issues are interwoven; whether the same damages are sought; whether there is overlap of evidence or witnesses; whether the parties are the same; the risk of inconsistent findings; the litigation status of each suit; the timing of the application and possibility of delay; whether parties will save costs; any advantage or prejudice to parties; and whether consolidation would result in undue procedural complexities.
Civil Procedure — Inherent Powers of Court — Case Management
The court may exercise its inherent powers under section 98 of the Civil Procedure Act and Order 11 rule 1 of the Civil Procedure Rules to order consolidation of suits on its own motion in the interest of speedy trial and management of case backlog, even where respondents have not been served with the application.

Legislation cited (4)

Cases cited (3)

  • Yowana Akirod v Filipo Malinga (1992-93 HCB)
  • Sanjay Data v Bank of India and 3 Others (Miscellaneous Application No. 1758 of 2021)
  • Visarc Uganda Ltd v Muwema & Co Advocates & Solicitors (Miscellaneous Application Nos. 0826 and 0827 of 2023)

Full judgment

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

Nampande_Safina_and_2_Other_v_Twaha_jafari_and_4_Others_(Miscellaneous_Application_No_89_of_2024)_[2025]_UGHCLD_308_(23_September_2025)
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.