Wakilii

Seroma Limited v Tusubira Joseph Waisswa (Miscellaneous Application No. 0024 of 2025)

High Court · [2026] UGCOMMC 125 · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend plaint and add defendant in pending civil suit for recovery of debt
Decision
Application partly allowed — leave granted to add defendant but denied for further amendments to pleadings

Observed later treatment

Cited — treatment unverified cited in 2 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 2 times with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court granted leave to add Watujo Agro Produce Limited as a second defendant to avoid multiplicity of suits and enable complete adjudication of all questions in controversy. However, the court denied leave to amend the plaint to include further material facts and remedies because the applicant failed to provide specific details or a draft of the proposed amendments, making it impossible for the court to assess whether the amendments would prejudice the respondent or introduce barred claims.

Outcome

Application partly allowed — leave granted to add defendant but denied for further amendments to pleadings

Facts

Seroma Limited filed Civil Suit No. 800 of 2023 against Tusubira Joseph Waisswa for recovery of UGX 155,298,000 for unpaid supplies of maize produce. The applicant sought leave to add Watujo Agro Produce Limited as a second defendant, alleging that both the respondent and the company were jointly and severally liable for the debt. The applicant claimed the respondent conducted business both personally and through the company. The respondent opposed the application, arguing that he had no personal contract with the applicant and that all invoices and goods received notes were in the company's name only. The respondent contended that the company, as a separate legal entity, was the party that engaged in the transaction.

Issues

  1. Whether the Applicant should be granted leave to amend the suit and add another defendant to the suit.
  2. Whether the Applicant should be granted leave to amend the Plaint to include material facts against the Defendants and to seek remedies against the Defendants.

Orders

  • Application partly allowed.
  • Applicant granted leave to amend the plaint to add Watujo Agro Produce Limited as a Defendant.
  • Prayer to amend the plaint to include further material facts and add new remedies denied.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Addition of Defendant — Test for Joinder
Under Order 1 Rule 10(2) and Rule 13 of the Civil Procedure Rules, the court has wide and extensive power to add a defendant at any stage before trial where the presence of that person is necessary to enable the court to effectually and completely adjudicate upon all questions involved in the suit, provided such addition does not cause injustice to any party and facilitates avoidance of multiplicity of suits.
Civil Procedure — Amendment of Pleadings — Requirement to Specify Proposed Amendments
An application for leave to amend pleadings must set out specifically what is proposed to be omitted, altered, substituted, or added to the original pleadings. The court cannot effectively exercise its power to permit amendment unless it is told how and in what manner the pleading is proposed to be altered, as an amendment may involve withdrawal of admissions, introduction of time-barred claims, or deprivation of accrued rights.

Legislation cited (6)

Cases cited (4)

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Seroma Limited v Tusubira Joseph Waisswa (Miscellaneous Application No. 0024 of 2025) [2026] UGCommC 125 (31 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.