Wakilii

Namuyaba Barbra v Herbert Mutunda Lubega and 7 Others (MISC. APPLICATION NO. 1149 OF 2024)

High Court · [2026] UGHCLD 60 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for security for costs and amendment of counterclaim arising from civil suit
Decision
Application for security for costs dismissed; amendment application deferred to scheduling conference

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for security for costs, finding that the respondents owned substantial property in Uganda (land at Muyenga and Entebbe registered in the names of the 4th and 5th respondents) sufficient to satisfy any costs order. The application to amend the counterclaim was deferred to the pre-trial scheduling conference for proper determination.

Outcome

Application for security for costs dismissed; amendment application deferred to scheduling conference

Facts

The respondents, biological children and beneficiaries of the late Charles Wilson Lubega, are residents of the United States of America who sued over land comprised in Kyadondo Block 13 Plot 56 at Najjanankumbi. They claimed the Commissioner for Land Registration illegally cancelled their father's registration as proprietor on 24/11/2020 based on a police report alleging fraud. The applicant/defendant Namuyaba Barbra, claiming as beneficiary and administrator of the estate of the late Yoweri Gwayambadde, filed a counterclaim alleging the late Charles Wilson Lubega acquired the land illegally from a minor. The applicant then brought this interlocutory application seeking security for costs on grounds that the respondents reside outside Uganda and own no property within the jurisdiction, and seeking leave to amend her counterclaim.

Issues

  1. Whether the respondents, who are permanently residing outside Uganda, should be ordered to furnish security for costs.
  2. Whether the applicant should be granted leave to amend her counterclaim.

Orders

  • Application for security for costs dismissed.
  • Application for amendment of pleadings deferred to pre-trial scheduling conference.
  • Head suit HCCS No. 0048 of 2021 fixed for scheduling on May 12, 2026 at 10:00am.
  • Counsel for all parties to file joint trial bundle and joint scheduling memorandum by May 12, 2026.
  • Costs of the application to abide the outcome of the head suit.

Rules and key headnotes

Civil Procedure — Security for Costs — Plaintiff Residing Outside Jurisdiction — Ownership of Substantial Property Within Jurisdiction
Security for costs will not be required from a person permanently residing outside the jurisdiction if that person has substantial property, whether real or personal, within the jurisdiction.
Civil Procedure — Amendment of Pleadings — Timing of Determination
Where an application to amend pleadings is brought before trial, the court may defer determination of the application to the pre-trial scheduling conference to effectually assess whether it would be just and expedient to grant the amendment.

Legislation cited (3)

Cases cited (3)

Full judgment

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

Namuyaba_Barbra_v_Herbert_Mutunda_Lubega_and_7_Others_(MISC._APPLICATION_NO._1149_OF_2024)_[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.