Wakilii

Ssebi v Mutebi and 7 Others (Miscellaneous Application No. 448 of 2022)

High Court · [2023] UGHCLD 51 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for joinder as additional plaintiff in pending civil suit concerning estate land
Decision
Applicant joined as additional plaintiff in main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicant, who claimed a beneficial interest in estate land as the grandson of the deceased through his mother (the deceased's biological daughter), should be joined as a third plaintiff to avoid multiplicity of suits. Where a party's presence is necessary to enable the court to effectually and completely adjudicate upon all questions involved, and the orders sought would legally affect that person's interest, joinder is appropriate. The application was granted with no order as to costs.

Outcome

Applicant joined as additional plaintiff in main suit

Facts

The 1st and 2nd respondents filed Civil Suit No. 1101 of 2020 against the 3rd to 6th respondents (administrators of the estate of the late Teretio Nsubuga) and the 7th and 8th respondents, seeking declarations concerning estate land comprised in Busiro Block 413 plots 16 and 19 at Bwerengo, Wakiso District. The applicant, grandson of the deceased through his late mother Norah Nansubuga (the deceased's biological daughter), claimed a beneficial interest in the estate land. The 1st and 2nd respondents had initially assured the applicant they would redeem the estate land for the benefit of the entire estate, but the suit filed addressed only their own interests. The applicant feared the 1st and 2nd respondents might enter a consent judgment or withdraw the suit, or hold meetings with the 7th respondent without disclosure, potentially affecting his interest without giving him an opportunity to present his position. He applied to be joined as a plaintiff rather than file a separate suit over the same property.

Issues

  1. Whether the applicant ought to be added as a party to High Court Civil Suit No. 1101 of 2020.

Orders

  • The applicant is added as the 3rd plaintiff in HCCS No. 1101 of 2020.
  • The applicant is allowed to amend the plaint by adding his name and facts relating to his case.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Necessity Test — Beneficial Interest in Estate Land
A party claiming a beneficial interest in estate land that is the subject of existing litigation between other beneficiaries and estate administrators should be joined as a plaintiff where their presence is necessary to enable the court to effectually and completely adjudicate upon all questions involved in the suit and to avoid multiplicity of suits.
Civil Procedure — Joinder of Parties — Test for Joinder — When Presence Necessary
For a party to be joined on the ground that their presence is necessary for the effective and complete settlement of all questions involved in the suit, it must be shown 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 suits, or that the defendant could not effectually set up a desired defence unless that person was joined.
Civil Procedure — Affidavit Evidence — Unchallenged Affidavit — Presumption
Where facts are sworn to in an affidavit and they are not denied by the opposite party, the presumption is that they are accepted, and where no affidavit in reply is filed, the affidavit in support is taken to be unchallenged and truthful.

Legislation cited (6)

Cases cited (4)

  • Departed Asians Property Custodial Board v Jaffer Brothers Ltd (Civil Appeal No. 8 of 1998)
  • Gokaldas Laximidas Tanna v Store Rose Muginza (High Court Civil Suit No. 1076 of 1987)
  • Tororo District Administration v Andalalapo Ltd [1997] KALR 126
  • Samwiri Mussa v Rose Achen (1978) HCB 297

Full judgment

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

Ssebi_v_Mutebi_and_7_Others_(Miscellaneous_Application_No._448_of_2022)_[2023]_UGHCLD_51_(6_March_2023)
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.