Peter Lule v Shumuk Springs Development Properties Ltd and 6 Others (Civil Miscellaneous Application No. 247 of 2016)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Faced with two High Court suits over the same suit property — one (HCCS 126 of 2009) on appeal and another (HCCS 375 of 2009) with an undetermined counterclaim — the Court of Appeal declined to simply add the applicant to the appeal. Invoking its inherent powers under Rule 2(2) and the case-management objective in section 33 of the Judicature Act to avoid multiplicity of proceedings, the Court stayed Civil Appeal No. 83 of 2015 and directed that the counterclaim in HCCS 375 of 2009 be disposed of expeditiously within three months, with any resultant appeal to be consolidated with the main appeal. Each party was ordered to bear its own costs.

Outcome

Civil Appeal No. 83 of 2015 stayed pending disposal of the counterclaim in HCCS 375 of 2009, with a view to consolidation; each party to bear own costs

Facts

The dispute concerned condominium units at Plot 2 Colville Street, Kampala. Two suits were filed in the same year in the Commercial Court Division before different judges: HCCS 126 of 2009 and HCCS 375 of 2009. The two trial judges were reportedly unaware that both suits concerned the same suit property, so no consolidation occurred. The applicant, Peter Lule, claimed to be a creditor of the fifth respondent (Mr. Bonney Katatumba, deceased) and contended the first to fourth respondents should make good that debt. HCCS 126 of 2009 was concluded and an appeal lodged (Civil Appeal No. 83 of 2015), but the applicant was not a party to that suit. In HCCS 375 of 2009 the main suit was dismissed and a counterclaim by the applicant remained pending; the trial judge stayed those proceedings on learning of the appeal. The applicant sought to be joined to the pending appeal so as to be heard.

Issues

1. Whether the applicant, a non-party to the suit on appeal, should be joined as a party to Civil Appeal No. 83 of 2015.
2. How the Court should manage two related High Court suits concerning the same suit property to avoid a multiplicity of proceedings.

Orders

• Proceedings in Court of Appeal Civil Appeal No. 83 of 2015 stayed until the counterclaim in High Court Civil Suit No. 375 of 2009 is disposed of.
• The counterclaim in High Court Civil Suit No. 375 of 2009 to be expeditiously handled within three months from the date of this Ruling.
• The parties to cooperate to achieve the above objective, and any dissatisfied party in the counterclaim may appeal in the normal way, whereupon it will be consolidated with the main civil appeal.
• Each party to bear their own costs of this Application.

Rules and key headnotes

Legislation cited (6)

• Judicature Act (Cap 13) s.10
• Judicature Act (Cap 13) s.33
• Judicature (Court of Appeal Rules) Directions Rule 2(2)
• Judicature (Court of Appeal Rules) Directions Rule 33(1)
• Judicature (Court of Appeal Rules) Directions Rule 33(2)
• Judicature (Court of Appeal Rules) Directions Rule 44

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