Wakilii

Ssalongo Kintu Livingstone v Nalukenge Nalubiat and Another [2026] UGHC 303

High Court · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for joinder of party and leave to amend plaint arising from land suit
Decision
Application granted; third party joined as defendant; leave to amend plaint granted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an application to join a third party as a defendant where survey evidence showed that the third party occupied part of the land constituting an access road that was the subject of the main suit and had erected permanent structures thereon. The court held that the third party's presence was necessary to enable the court to effectually and completely adjudicate upon all questions involved in the suit, particularly where the orders sought would directly affect his interests. Leave to amend the plaint was granted.

Outcome

Application granted; third party joined as defendant; leave to amend plaint granted

Facts

The Applicant sued the Respondents for breach of a sale of land agreement dated 25 May 2019 relating to land in Luwero District. The land sold purportedly included an access road from Kyalugondo Road to the Applicant's plots. Upon carrying out a survey of the suit land, it was discovered that part of the land constituting the agreed access road was in possession of one Kiseka Perez Grace, who had erected permanent developments thereon, including a house, perimeter wall and toilet. The Applicant brought an application to join Kiseka Perez Grace as a third defendant, contending that unless he was joined, all issues in controversy could not be fully and finally determined. The Respondents opposed the application, arguing that Kiseka Perez Grace purchased his kibanja under an independent agreement and that his presence was not necessary for determination of the dispute.

Issues

  1. Whether the Applicant has established sufficient grounds for the joinder of Mr. Kiseka Perez Grace as a defendant and for amendment of the plaint.

Orders

  • Mr. Kiseka Perez Grace is hereby joined to HCCS No. 0174 of 2023 as a 3rd Defendant.
  • The Applicant is granted leave to amend the plaint in the manner set out in the draft amended plaint attached to the application.
  • The amended plaint shall be filed and served within fourteen (14) days from the date of this ruling.
  • The Respondents and the newly joined Defendant shall be at liberty to file their respective amended pleadings, if any, in accordance with the Civil Procedure Rules.
  • The case will come up for mention on 8th June 2026 at 10 am.
  • Costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Necessary Party — Test for Joinder
A party may be joined to proceedings if their presence before court is necessary to enable the court effectually and completely adjudicate upon and settle all questions involved in the suit, or if the orders sought would legally affect that person's interest, or if joinder is desirable to avoid multiplicity of suits.
Civil Procedure — Joinder of Parties — Discretion of Court — Exercise of Discretion
The court has a wide and unfettered discretion under Order 1 rule 10(2) of the Civil Procedure Rules to add any person as a party at any stage of the proceedings, but this discretion must be exercised judiciously and in accordance with settled principles.
Civil Procedure — Joinder of Parties — Interlocutory Stage — Standard of Proof
At the interlocutory stage of an application for joinder, the court is not required to determine the validity of ownership claims or the merits of the case; what is material is whether the orders likely to be made in the main suit would affect the interests of the proposed party.
Civil Procedure — Joinder of Parties — Natural Justice — Right to be Heard
Where a person claims an independent interest in land that is the subject of a suit and orders adverse to that interest may be made, fairness and the rules of natural justice demand that the person be accorded an opportunity to be heard before such orders are made.

Legislation cited (6)

Cases cited (5)

  • Comfort Homes (U) Limited v Koku Apuuli and Others (Miscellaneous Application No. 3556 of 2023)
  • Kololo Curving Co. Ltd v West Mengo Co-operative Union Ltd [1981] HCB 60
  • Yahaya Karisa v Attorney General and Another (Supreme Court Civil Appeal No. 7 of 1994)
  • Samson Sempasa v P.K. Sengendo (High Court Miscellaneous Application No. 577 of 2013)
  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd [1999] 1 E.A 55

Full judgment

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

Ssalongo Kintu Livingstone v Nalukenge Nalubiat and Another 2026 UGHC 303 (18 February 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.