Wakilii

Okiror Joyce Mary v Bugembe Kaggwa Segujja (Miscellaneous Application No. 146 of 2025)

High Court · [2026] UGHC 192 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to reject plaint on grounds of lis pendens arising from related civil suits
Decision
Application dismissed; withdrawal of related suit stayed pending payment of costs

Observed later treatment

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Holding

The court held that the Applicant, as a defendant in CS No. 001/2025, had locus standi to bring the application. The court found that CS No. 618/2024 (renumbered CS No. 348/2025) was effectively withdrawn when the notice of withdrawal was filed on ECCMIS on 2 April 2025, as the defendant had not filed a defence and no leave of court was required. Consequently, CS No. 001/2025 did not offend the lis pendens rule. However, the court stayed the withdrawal pending payment of costs awarded to the Applicant in a related miscellaneous application.

Outcome

Application dismissed; withdrawal of related suit stayed pending payment of costs

Facts

The Respondent filed CS No. 618/2024 in the High Court Land Division against the Commissioner Land Registration seeking orders regarding land comprised in LRV WBU Folio 13. The Applicant and others sought to be added as parties to that suit. The Respondent subsequently filed a notice of withdrawal of CS No. 618/2024 on 2 April 2025, and two weeks later filed a fresh suit, CS No. 001/2025, naming the Applicant and others as defendants. The Applicant, sued as 2nd Defendant in CS No. 001/2025, brought this application seeking rejection of the plaint on grounds that it offended the lis pendens rule, arguing that CS No. 618/2024 (renumbered CS No. 348/2025) was still pending. The Respondent contended that CS No. 618/2024 had been effectively withdrawn before CS No. 001/2025 was filed.

Issues

  1. Whether the Applicant has locus standi to bring the present application.
  2. Whether the filing of HCT-27-LD-CS-No.001/2025 on account of a previously instituted suit HCT-27-LD-CS-No.348/2025 offends the lis pendens rule and amounts to abuse of court process.
  3. Whether HCT-27-LD-CS-No.348/2025 is still pending.
  4. What remedies are available to the parties.

Orders

  • The Application is dismissed with costs to the Respondents.
  • The withdrawal of HCT-CS-No.348/2025 is stayed.
  • The Registrar shall endorse the withdrawal of HCCS-No.348/2025 (formerly 618/2024) upon the payment of costs in Miscellaneous Application No.2510/2024.

Rules and key headnotes

Civil Procedure — Locus Standi — Party to Proceedings
A party sued as a defendant in a civil suit and who has submitted to the jurisdiction of the court by filing a written statement of defence has locus standi to bring an application arising from that suit.
Civil Procedure — Withdrawal of Suit — Requirements under Order 25 Rule 1
Where a plaintiff withdraws a suit before delivery of the defendant's defence and the defendant has not filed a defence or objected to the withdrawal, no leave of court is required for the withdrawal to be effective.
Civil Procedure — Withdrawal of Suit — Effect of Filing on ECCMIS
A notice of withdrawal of a suit is effective once it is filed on the Electronic Court Case Management Information System (ECCMIS), even if not immediately endorsed by the Registrar.
Civil Procedure — Lis Pendens — Requirements
For a suit to offend the lis pendens rule under Section 6 of the Civil Procedure Act, three conditions must be satisfied: the litigation must be between the same parties, the cause of action must be the same, and the suit must be pending in the same court or any other court having jurisdiction to grant the reliefs claimed.
Civil Procedure — Withdrawal of Suit — Stay Pending Payment of Costs
Under Order 25 Rule 4 of the Civil Procedure Rules, where a plaintiff has been ordered to pay costs in an application arising from a suit and subsequently withdraws that suit, the withdrawal may be stayed pending assessment and payment of those costs.

Legislation cited (11)

Cases cited (8)

  • Bank of Uganda and Another v Kaweesi Sulaiman and 26 Others (Miscellaneous Application No. 1047 of 2022)
  • Yukio Investments Company Ltd v Administrator General and Another (Civil Suit No. 271 of 2018)
  • Fakrudin Vallibhai Kapasi and Another v Kampala District Land Board and Another (Civil Suit No. 570 of 2015)
  • Attorney General v John Amran Wahabyalire (Miscellaneous Application No. 302 of 2023)
  • Spring International Hotel Ltd v Hotel Diplomate Ltd and Another (Civil Suit No. 227 of 2011)
  • Kansime K Andrew v Himalaya Traders Ltd and Others (Court of Appeal No. 23 of 2021)
  • International Hotel Ltd v Hotel Diplomat Ltd and Another (Civil Suit No. 227 of 2011)
  • National Water and Sewerage Corporation v Chance Eugene (Civil Suit No. 38 of 2019)

Full judgment

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

Okiror Joyce Mary v Bugembe Kaggwa Segujja (Miscellaneous Application No. 146 of 2025) [2026] UGHC 192 (4 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.