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Nsasirwe Patience and Others v Kampala International University Teaching And Research Hospital (KIUTH) and Another [2026] UGIC 15

Industrial Court · 2026 Preliminary Objection Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection raised at trial in a labour dispute reference, challenging the joinder of two additional claimants in an amended memorandum of claim
Decision
Preliminary objection sustained but the two claimants' re-addition regularised by the Court; matter to proceed to trial with all listed claimants

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Holding

The Industrial Court held that under Order 1 rule 10 of the Civil Procedure Rules parties may only be added upon formal application or the court's own motion, and that unilateral introduction of additional claimants in an amended memorandum of claim is procedurally defective. Article 126(2)(e) and inherent jurisdiction cannot validate steps taken in disregard of clear rules. The preliminary objection was accordingly sustained. However, because the two individuals were former claimants previously struck out on their own counsel's application, and not new parties advancing separate claims, the striking-out approach in Various Claimants v G4S PLC did not apply. Invoking the wide discretion under Order 1 rule 13 to add parties summarily at trial, the Court regularised their re-addition, awarding the Respondent costs of the objection.

Outcome

Preliminary objection sustained but the two claimants' re-addition regularised by the Court; matter to proceed to trial with all listed claimants

Facts

The claim was filed in the Industrial Court registry on 25 October 2021, with an original memorandum of claim listing 23 claimants, including Nankunda Patience and Kyobusingye Gloria. On 23 November 2023, the claimants' then counsel sought and obtained leave under Order 6 rule 19 CPR to strike off eleven claimants; the Respondent did not object. Amended pleadings filed thereafter omitted Ms. Nankunda and Ms. Kyobusingye. Following the Court's ruling of 20 August 2025 permitting amendment to add Kampala International University as Second Respondent, the claimants filed an amended memorandum of claim on 7 October 2025 which again listed Ms. Kyobusingye as Claimant No. 4 and Ms. Nankunda as Claimant No. 13. No formal application for joinder had been made and no leave of court obtained. At the hearing on 4 March 2026, counsel for the Respondent objected, relying on Order 1 rule 10 CPR, and sought to have the amended memorandum of claim struck out. The claimants' counsel relied on Order 6 rule 19 CPR, the Court's inherent jurisdiction, Article 126(2)(e) of the Constitution, and the absence of prejudice to the Respondent.

Issues

  1. Whether the joinder of two additional claimants in the amended memorandum of claim, effected without a formal application or leave of court, was proper and should be permitted on the record.
  2. Whether the amended memorandum of claim should be struck out for procedural irregularity in the joinder.
  3. Whether Article 126(2)(e) of the Constitution and the court's inherent jurisdiction could be invoked to validate the irregular joinder.

Orders

  • Preliminary objection sustained on the ground that there was no formal application for joinder.
  • The re-addition of Ms. Nankunda Patience and Ms. Kyobusingye Gloria as Claimants regularised by order of the Court under Order 1 rule 13 CPR.
  • Respondent awarded the costs of the objection.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Requirement of Formal Application or Court's Own Motion
Under Order 1 rule 10 of the Civil Procedure Rules, the addition, substitution or removal of a party to proceedings must be sanctioned by the court, either upon a formal application by a party or upon an order made by the court on its own motion; the unilateral introduction of additional parties into an amended pleading without leave is procedurally defective.
Civil Procedure — Joinder of Parties — Test of Necessity for Effectual Adjudication
A party may only be joined where the orders sought will legally affect that person or where the party's presence is necessary to enable the court to effectually and completely adjudicate upon and settle all questions involved in the suit; the proposed party must be a necessary and proper party from whom relief flows to the claimant.
Civil Procedure — Inherent Jurisdiction and Article 126(2)(e) — Limits in Validating Breach of Rules
Inherent jurisdiction and the constitutional injunction to administer substantive justice without undue regard to technicalities supplement procedural law but cannot be invoked to validate procedural steps taken in disregard of clear and established rules of court.
Civil Procedure — Order 1 rule 13 CPR — Summary Addition of Parties at Trial
Order 1 rule 13 of the Civil Procedure Rules confers a wide discretion permitting an application to add, strike out or substitute a plaintiff or defendant to be made at any time before trial by motion or summons, or at the trial itself in a summary manner.
Civil Procedure — Re-addition of Previously Struck-Out Parties — Distinction from Addition of New Parties with Distinct Claims
The principle that an amendment may not be used to introduce a new person advancing a separate and distinct claim does not apply to the re-addition of parties who were originally on the record and were struck out on their own counsel's application; such re-addition may be regularised summarily where no prejudice arises and judicial economy so requires.
Civil Procedure — Costs — Consequence of Procedural Default by Successful Party
Where a party's procedural default occasions a preliminary objection which is sustained, the objecting party is entitled to the costs of the objection even though the court exercises its discretion to regularise the irregular step.

Legislation cited (6)

Cases cited (6)

Full judgment

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Nsasirwe Patience and Others v Kampala International University Teaching And Research Hospital (KIUTH) and Another [2026] UGIC 15 (13 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.