Wakilii

Senkonyo and Another v Katabogoma and 4 Other (Miscellaneous Application No. 1677 of 2021)

High Court · [2022] UGHCLD 17 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to add parties to counterclaim arising from Civil Suit No. 567 of 2021
Decision
Application granted; 3rd and 4th respondents added as counter-defendants; directions given for further pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application to add the 3rd and 4th respondents as counter-defendants to the counterclaim, finding that their joinder would serve the interests of justice and enable complete determination of all matters concerning the land dispute. The court overruled the 2nd respondent's objection regarding late service, holding that the delay was partly attributable to the respondent himself and the applicants had shown sufficient cause under Order 5 r.1(2) CPR. Leave was granted to file an amended counterclaim.

Outcome

Application granted; 3rd and 4th respondents added as counter-defendants; directions given for further pleadings

Facts

The applicants are registered proprietors of land comprised in Bululi Block 160 Plot 38 at Kyalweza as administrators of the estate of the late Zekiya Sempa. The 1st respondent filed Civil Suit No. 567 of 2021 claiming entitlement to 3 acres on land from which Plots 37 and 38 were mutated. The applicants filed a defence and counterclaim. They subsequently discovered that the 1st respondent had executed a sale agreement with the 3rd and 4th respondents concerning the same land, representing himself as the registered owner when he was not. The 3rd and 4th respondents allegedly forcefully entered the land without the applicants' consent. The applicants sought to add the 3rd and 4th respondents as counter-defendants to enable complete determination of all issues and avoid multiplicity of suits.

Issues

  1. Whether the 3rd and 4th respondents should be added as counter-defendants in the applicants' counterclaim in Civil Suit No. 567 of 2021.
  2. Whether leave should be granted to file an amended counterclaim to include allegations concerning the unlawful sale of land comprised in Bululi Block 160 Plot 38.
  3. Whether the application was served out of time as stipulated in court directives.

Orders

  • The 3rd and 4th respondents, Mr. Gahizi Francis and Ms. Kalungu Stella, are added as parties to the counterclaim.
  • The applicants are directed to serve the amended counterclaim on all counter-defendants within 7 days of the delivery of this ruling.
  • The counter-defendants to serve their counter-defences within 15 days after being served with the amended counterclaim.
  • The counter-claimants to serve a rejoinder within 7 days upon being served with the respective counter-defences.
  • No order as to costs.

Rules and key headnotes

Joinder of Parties — Power of Court under Order 1 r.10(2) CPR
Under Order 1 r.10(2) of the Civil Procedure Rules, the court has discretion at any stage of proceedings to add any person as a party whose presence is necessary to enable the court to effectually and completely adjudicate upon and settle all questions involved in the suit.
Joinder of Parties — Requirements for Addition
Before a person can be joined as a party, it must be established that the party has a high interest in the case and that the orders sought in the main suit would directly or legally affect that party.
Joinder of Parties — Counterclaim as Separate Action
A counterclaim is a separate action from the main suit. The fact that a party has been withdrawn from the main suit does not bar the counter-claimant from making that person a party to the counterclaim if the counter-claimant can show prima facie a cause of action.
Service — Extension of Time under Order 5 r.1(2) CPR
Under Order 5 r.1(2) of the Civil Procedure Rules, time for service may be enlarged if sufficient reasons are shown and the party seeking the extension has not been entirely at fault for the delay.

Legislation cited (12)

Cases cited (4)

  • Kololo Curing Co. Ltd. v West Mengo Co-op Union Ltd [1981] HCB 60
  • Yahaya Kariisa v Attorney General and Another (Supreme Court Civil Appeal No. 7 of 1994)
  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd [1999] 1 EA 55
  • Gokaldas Laximidas Tanna v Store Rose Muyinza (High Court Civil Suit No. 7076 of 1987)

Full judgment

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

Senkonyo_and_Another_v_Katabogoma_and_4_Other_(Miscellaneous_Application_No._1677_of_2021)_[2022]_UGHCLD_17_(19_February_2022)
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.