Wakilii

Namuyaba Barbra v Herbert Mutunda Lubega and 7 Others [2026] UGHCLD 60

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application by chamber summons in a pending land suit seeking security for costs and leave to amend a counterclaim
Decision
Application for security for costs dismissed; prayer for amendment of the counterclaim deferred to the pre-trial scheduling conference in HCCS No. 0048 of 2021

Observed later treatment

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Holding

The court held that security for costs will not be ordered against a plaintiff permanently residing outside the jurisdiction where that plaintiff has substantial real or personal property within the jurisdiction available to satisfy any costs order. The respondents, though resident in the United States, showed registered properties at Muyenga and Katabi-Entebbe which the applicant did not contradict; those averments were deemed true and the applicant's fears of unpaid costs were allayed. The application for security for costs accordingly failed, and the case was distinguished from Noble Builders where the foreign plaintiffs had no assets locally. Determination of the prayer to amend the counterclaim was deferred to the pre-trial scheduling conference.

Outcome

Application for security for costs dismissed; prayer for amendment of the counterclaim deferred to the pre-trial scheduling conference in HCCS No. 0048 of 2021

Facts

In the head suit, eight children of the late Charles Wilson Lubega sued Namuyaba Barbra and the Commissioner for Land Registration over land at Najjanankumbi, challenging the Commissioner's cancellation of their father's registration as proprietor. Namuyaba denied the claim, asserting title to land she described as Kibuga Block 13 Plot 56, and counterclaimed as beneficiary and administrator of the estate of the late Yoweri Gwayambadde alleging fraud. She then applied for security for costs, contending that all the plaintiffs permanently reside in the United States, are not Ugandan citizens, and own no property in Uganda available for execution should she succeed. The respondents replied through their attorney that they are Ugandan citizens by birth and own several properties in Uganda, including land at Muyenga Block 244 Plot 3220 registered to the fifth respondent and land at Katabi, Entebbe registered to the fourth and fifth respondents as joint tenants. The applicant's rejoinder disputed the attorney's authority but did not contradict the claimed property ownership. The applicant also sought leave to amend her counterclaim, which the respondents opposed as an attempt to defeat their limitation defence.

Issues

  1. Whether the respondents/plaintiffs, being permanent residents outside Uganda, should be ordered to furnish security for costs under Order 26 rule 1 of the Civil Procedure Rules.
  2. Whether the applicant should be granted leave to amend her counterclaim at this stage of the proceedings.

Orders

  • The application for security for costs fails.
  • The application for amendment of pleadings is deferred and will be considered at the pre-trial scheduling of the head suit.
  • HCCS No. 0048 of 2021 is fixed for scheduling, with counsel to file a joint trial bundle and joint scheduling memorandum on ECCMIS by that date.
  • The costs of this application shall abide the outcome of the head suit.

Rules and key headnotes

Civil Procedure — Security for Costs — Plaintiff Resident Outside the Jurisdiction Owning Property Within It
Security for costs will not be required from a plaintiff permanently residing outside the jurisdiction if that plaintiff has substantial property, whether real or personal, within the jurisdiction available to answer any order for costs.
Civil Procedure — Security for Costs — Discretion Under Order 26 Rule 1 of the Civil Procedure Rules
The power to order a plaintiff to give security for a defendant's costs under Order 26 rule 1 of the Civil Procedure Rules is discretionary, and the discretion will not be exercised where no difficulty would arise in enforcing an eventual costs order.
Civil Procedure — Affidavit Evidence — Uncontradicted Averments Deemed True
Where averments of property ownership made in an affidavit in reply are not contradicted or doubted in the applicant's rejoinder, the court will deem those averments to be true.
Civil Procedure — Amendment of Pleadings — Principles and Timing of Determination
Amendments sought before hearing should be freely allowed if they can be made without injustice to the other side, but leave will be refused where the amendment would change the action into one of a substantially different character or deprive the opposite party of an existing defence such as limitation; the court may defer determination of the prayer to the pre-trial scheduling conference where the justice and expediency of the amendment can be properly assessed.

Legislation cited (3)

Cases cited (3)

Full judgment

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Namuyaba Barbra v Herbert Mutunda Lubega and 7 Others [2026] UGHCLD 60 (24 March 2026)
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.