Wakilii

Sempasa v Sengendo (Misc. Appli. No. 577 of 2013)

High Court · [2013] UGHCCD 108 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for joinder as defendant in ongoing civil suit concerning land ownership
Decision
Application granted; applicant joined as defendant in main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that an applicant claiming ownership of suit land through purchase from a defendant, and who is in physical possession of that land, should be joined as a defendant where the plaintiff seeks cancellation of titles including the applicant's plot. The court exercised its discretion under Order 1 r.10(2) CPR to add the applicant as a party to enable complete and effective adjudication of all matters in controversy and to avoid multiplicity of suits, notwithstanding the principle that a plaintiff is dominus litis.

Outcome

Application granted; applicant joined as defendant in main suit

Facts

The respondent instituted Civil Suit No. 234 of 2013 against James Ndawula and Gerald Batte seeking a declaration of ownership over land comprised in Busiro Block 274, including Plots 735, 768, 737, 736, 744, 747, 748, 749, 752, 756, 757, 767, 750, 761, 762, 763, 764 and 765 at Mpungu. The applicant claimed to be the current owner of Plot 658 (renumbered as Plot 735) having purchased it from the 1st defendant Ndawula, who was no longer in possession. The applicant was in physical possession of the land and had issued trespass notices to parties including the respondent. The respondent sought cancellation of titles obtained fraudulently, including Plot 735. The respondent consciously decided not to sue the applicant, arguing he could not be compelled to sue parties from whom he sought no remedy. The applicant contended that any outcome would directly affect his proprietary rights and that he should be joined to enable the court to completely adjudicate all matters.

Issues

  1. Whether the Applicant can be added as a Defendant in H.C.C.S No. 234 of 2013 in the circumstances of this case.

Orders

  • The Applicant Samson Sempasa is added as a party to Civil Suit No. 234 of 2013 as a Defendant.
  • The Applicant is directed to effect the necessary amendments to the pleadings and to serve the other parties within 15 days from the date hereof.
  • Mpiima Moses, the Applicant in Miscellaneous Application No. 0579 of 2013, is added as party as a Defendant in the main suit.
  • Costs of the applications will be in the cause.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Court's Discretion under Order 1 r.10(2) CPR
Under Order 1 r.10(2) of the Civil Procedure Rules, the court has discretion to add any person who ought to have been joined as a party, either on application of the parties or on its own motion, at any stage of the proceedings and on such terms as appear just, where the presence of that person is necessary to enable the court to effectually and completely adjudicate upon and settle all questions involved in the suit.
Civil Procedure — Joinder of Parties — Test for Adding a Party
For a party to be joined on the ground that his presence is necessary for the effective and complete settlement of all questions involved in the suit, it is necessary to show either that the orders sought would legally affect the interest of that person and that it is desirable to have that person joined to avoid multiplicity of suit, or that the defendant could not effectually set up a desired defence unless that person was joined or an order made that would bind that other person.
Civil Procedure — Joinder of Parties — Interest in Suit Land as Ground for Joinder
Where an applicant claims to be the lawful owner of suit land through purchase from a defendant, is in physical possession of the land, and the plaintiff seeks cancellation of the title to that land, the applicant has sufficient interest to be joined as a defendant, and the orders sought would directly affect the applicant's interest.
Civil Procedure — Joinder of Parties — Avoiding Multiplicity of Suits
The purpose of joinder of parties is to avoid multiplicity of suits. Under Section 33 of the Judicature Act, courts are mandated to ensure that as far as possible all matters in controversy between the parties are completely and finally determined and all multiplicities of legal proceedings concerning any of the matters are avoided.
Civil Procedure — Joinder of Parties — Dominus Litis Principle Distinguished
Although a plaintiff is dominus litis and can sue whomever he thinks will obtain relief from, and cannot be forced to sue somebody he has not chosen to sue, the addition of a party as defendant by court order under Order 1 r.10(2) where that person ought to have been joined does not amount to forcing the plaintiff to sue someone he does not have a claim against, particularly where such joinder is necessary to enable the court to effectually and completely adjudicate upon all questions involved in the suit.

Legislation cited (5)

Cases cited (7)

  • Maj. Roland Kakooza Mutale v Attorney General (H.C.M.A. No. 665 of 2003)
  • Gakou & Brothers Enterprises Ltd v SGS Uganda Ltd (H.C.M.A. No. 04631 of 2005)
  • Inspectorate of Government v Blessed Construction Ltd & Another (H.C.M.A. No. 73 of 2007)
  • Kololo Curing Co Ltd v West Mengo Co-op Union Ltd [1981] HCB 60
  • Yahaya Kariisa v Attorney General & Another (S.C.C.A. No. 7 of 1994)
  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd [1999] I.E.A 55
  • Gokaldas Laximidas Tanna v Store Rose Muyinza (H.C.C.S. No. 7076 of 1987)

Full judgment

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Sempasa v Sengendo (Misc. Appli. No. 577 of 2013) [2013] UGHCCD 108 (27 August 2013)
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.