Wakilii

National Water and Sewerage Corporation v Kyenjojo Town Council (Miscellaneous Application No. 5 of 2021)

High Court · [2023] UGHCCD 41 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to issue third party notice arising from civil suit for trespass and compensation
Decision
Application granted; Kyenjojo Town Council added as third party to the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted leave to the applicant National Water and Sewerage Corporation to issue a third party notice adding Kyenjojo Town Council as a party to the underlying civil suit. The court held that where a defendant claims entitlement to contribution or indemnity from a non-party, and the subject matter and cause of action between defendant and third party are the same as between plaintiff and defendant, leave should be granted. The applicant established that the alleged trespass commenced in 2003 when the respondent town council operated the water facility, before the applicant took over operations in 2017.

Outcome

Application granted; Kyenjojo Town Council added as third party to the main suit

Facts

In 2003, Kyenjojo Town Council commenced and operated water supply services in Kyenjojo District, including construction of water supply infrastructure on land owned by Sunday Ronald. In 2017, by statutory instrument, the Minister in charge of Water and Natural Resources appointed National Water and Sewerage Corporation as the authority in charge of water and sewerage supply in Kyenjojo District. The Corporation took over all responsibilities and infrastructure from the Town Council and commenced operations on the suit land. The plaintiff Sunday Ronald then demanded compensation from the Corporation and filed Civil Suit No. 12 of 2021 seeking eviction or compensation for alleged trespass dating from 2003. The Corporation applied for leave to issue a third party notice to add the Town Council as a party, contending that the Town Council was responsible for any trespass that occurred between 2003 and 2017.

Issues

  1. Whether or not a third party notice should be issued against the Respondent by way of adding him as a party to the main suit.
  2. What remedies are available to the parties.

Orders

  • Leave is hereby granted to the Applicant for the issuance of a third party notice to the Respondent as a necessary party in Civil Suit No. 12 of 2021; Sunday Ronald Vs. National Water and Sewerage Corporation.
  • The Respondent be added as a party in Civil Suit No. 12 of 2021; Sunday Ronald Vs. National Water and Sewerage Corporation.
  • The costs of taking out this Application shall be met by the Applicant.

Rules and key headnotes

Civil Procedure — Third Party Procedure — Requirements for Joinder
For a third party to be lawfully joined to a suit, the subject matter between the third party and the defendant must be the same as the subject matter between the plaintiff and the defendant, and the original cause of action must be the same.
Civil Procedure — Third Party Procedure — Principles for Granting Leave
Leave to issue a third party notice will be granted where: (1) the applicant has sufficient grounds to join the respondent as a third party; (2) the subject matter between applicant and respondent is the same as between plaintiff and defendant; (3) the applicant claims indemnity or contribution from the respondent; (4) the plaintiff will not suffer prejudice; and (5) it is in the interest of justice that the suit be heard on its merits.
Civil Procedure — Third Party Procedure — Contribution and Indemnity
Where a defendant took over operations and infrastructure from a predecessor entity, and the plaintiff's claim relates to acts allegedly committed during the predecessor's period of operation, the defendant is entitled to seek contribution from the predecessor by way of third party notice.

Legislation cited (7)

Cases cited (3)

  • NBS Television v Uganda Broadcasting Corporation (Miscellaneous Application No. 421 of 2012)
  • Sango Bay Estates Dresdner Bank H971] EA 307
  • Semanda Isima Moses v Airtel Uganda Ltd & Anor (Miscellaneous Application No. 996 of 2020)

Full judgment

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

National Water and Sewerage Corporation v Kyenjojo Town Council (Miscellaneous Application No. 5 of 2021) [2023] UGHCCD 41 (27 February 2023)
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.