National Medical Stores v Ddungu Henry Matovu and Others (Civil Suit 3355 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted leave for the issuance of a third party notice to the vendors who sold land to the applicant, on the ground that the vendors had contractually undertaken to indemnify the applicant against any claims arising from the sale.
Outcome
Leave granted for issuance of third party notice
Facts
National Medical Stores entered into a sale and purchase contract with Aziz Damani and Shenazi Damani for land comprised in FRV WAK 4865 Folio 0 at Kajjansi. Under the contract, the vendors undertook to indemnify the purchaser against any claims, liabilities, costs or expenses arising from the sale. Subsequently, five plaintiffs filed Civil Suit No. 625 of 2021 against National Medical Stores. National Medical Stores then applied exparte for leave to issue a third party notice to the vendors, seeking to invoke the contractual indemnity clause. The application was supported by the affidavit of Moses Kamabare, the General Manager of National Medical Stores, who exhibited the sale agreement containing the indemnity undertaking.
Issues
- Whether leave should be granted for the issuance of a third party notice to Aziz Damani and Shenazi Damani.
Orders
- Let a Third Party Notice issue to Aziz Damani and Shenazi Damani in respect of Civil Suit No. 625 of 2021.
- Costs be 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.