Wakilii

Opoloti Oguluka v Ssenyonjo (miscellenous Application no.622.2025)

High Court · [2025] UGHCLD 115 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for security for costs arising from consolidated civil suits
Decision
Application for security for costs dismissed with costs to the Respondent

Observed later treatment

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Holding

The High Court dismissed an application for security for costs brought by a defendant in consolidated land suits. The court held that consolidation of suits does not debar a defendant from seeking security for costs, but the applicant failed to prove that the respondent's suit was frivolous or vexatious. The court found that the underlying dispute raised genuine questions of law and fact regarding competing claims to land ownership. The court further held that impecuniosity alone is not a basis for ordering security for costs, and the applicant failed to prove the respondent would be unable to pay costs.

Outcome

Application for security for costs dismissed with costs to the Respondent

Facts

The Applicant and Respondent are parties to consolidated Civil Suits No. 846 and 897 of 2021 concerning ownership of the same land. The Applicant originally filed Civil Suit No. 846 of 2021 against the Respondent. The Respondent, instead of filing a defence, instituted Civil Suit No. 897 of 2021 against the Applicant and eight others. Both parties claim ownership of the suit land. The Respondent claims he purchased the land from the Administrator General in 1997 through his sister and took possession. The Administrator General later renounced administration of the estate, after which other administrators sold the same land to the Applicant. The suits were consolidated on 7 June 2021. The Applicant then brought this application seeking security for costs of UGX 100,000,000, alleging the Respondent's suit is frivolous, that the Respondent is not ordinarily domiciled in Uganda, and has no known property or income in Uganda.

Issues

  1. Whether the application is illegally brought as it offends the provisions of Order 26 Rule 3 of the Civil Procedure Rules
  2. Whether the application is overtaken by events and an abuse of court process
  3. Whether there are sufficient grounds for a grant of an order for security of costs against the Respondent

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Security for Costs — Procedural Requirements — Chamber Summons versus Notice of Motion
An application for security for costs under Order 26 Rule 3 of the Civil Procedure Rules must be brought by Chamber Summons. However, where an application is brought by Notice of Motion instead of Chamber Summons, the error does not invalidate the proceedings if it does not go to jurisdiction or prejudice the respondent, and the court may invoke Article 126(2)(e) of the Constitution to render substantive justice without undue regard to technicalities.
Civil Procedure — Security for Costs — Effect of Consolidation — Right of Defendant to Apply
Consolidation of suits does not debar a defendant from claiming security for costs. Where a defendant in one suit is also a plaintiff in a consolidated suit, the defendant retains the right to seek security for costs under Order 26 Rule 1 of the Civil Procedure Rules in respect of the suit in which he is sued.
Civil Procedure — Security for Costs — Grounds for Grant — Frivolous and Vexatious Suit
An order for security for costs may be granted where the applicant demonstrates that he is being put to undue expenses by defending a frivolous and vexatious suit, and that he has a good defence likely to succeed. A suit is frivolous and vexatious if it is paltry, trumpery, not worthy of serious attention, and has no reasonable ground or purpose. In land matters, a suit is not frivolous or vexatious merely because the plaintiff has not attached documentary proof of ownership to the plaint where the pleadings raise genuine questions of law and fact requiring determination at trial.
Civil Procedure — Security for Costs — Impecuniosity — Not a Sufficient Ground
Impecuniosity of the plaintiff is not a basis on which a court will order security for costs. An order for security for costs on the ground of impecuniosity alone would prevent access to justice because of a party's pecuniary position. Poverty must not be a bar to litigation. The party seeking security for costs must adduce evidence to prove that the plaintiff will be unable to pay costs if judgment is passed against him.

Legislation cited (3)

Cases cited (10)

  • Banco Arab Espanola v Bank of Uganda (1999) 2 EA 22
  • National Enterprises Corporation v Mukisa Foods Ltd (Court of Appeal No. 42 of 1997)
  • Makula International Ltd v Cardinal Nsubuga and Another [1981] HCB 11
  • Saggu v Road Master Cycles (U) Ltd [2002] 1 EA 258
  • Anthony Namboro and Another v Henry Kaala [1975] HCB 315
  • Hellen Aloyo Lugone Vs Roy Ogwok
  • G.M. Combined (U) Ltd v A.K. Detergents (U) Ltd (Supreme Court Civil Appeal No. 34 of 1995)
  • Frantonios Marine Services Pte Ltd v Kay Swee Twan [2008] 4 SLR(R) 224
  • R v Ajit Singh s/o Vir Singh [1957] EA 822
  • Gateway Land Pte Ltd v Turner (East Asia) Pte Ltd [1987] SLR (R) 746

Full judgment

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

Opoloti_Oguluka_v_Ssenyonjo_(miscellenous_Application_no.622.2025)_[2025]_UGHCLD_115_(27_June_2025)
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.