Wakilii

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

High Court · [2023] UGHCLD 26 · 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 property
Decision
Applicant joined as additional plaintiff in the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application for joinder, holding that where an applicant claims a beneficial interest in estate property that is the subject of a pending suit, and his interest is not represented by the existing plaintiffs, his presence is necessary for the effective and complete settlement of all questions involved in the suit. Joinder avoids multiplicity of suits and ensures all matters touching the subject matter are determined finally and completely. No affidavit in reply having been filed, the applicant's averments were taken as unchallenged and truthful.

Outcome

Applicant joined as additional plaintiff in the main suit

Facts

The applicant sought to be joined as the 3rd plaintiff in Civil Suit No. 1701 of 2020, which was filed by the 1st and 2nd respondents (beneficiaries of the estate of the late Teretio Nsubuga) against the 3rd to 6th respondents (administrators of the same estate) and the 7th and 8th respondents. The suit concerned property forming part of the estate, specifically land comprised in Busiro Block 413 plots 16 and 19 at Buterengo, Wakiso District. The applicant claimed to be a beneficiary of the estate through his mother, the late Norah Nansubuga, who was the deceased's biological daughter. He averred that while the 1st and 2nd respondents sought to recover their own interests in the suit land, his beneficial interest was not represented. He feared the 1st and 2nd respondents might enter a consent judgment or withdraw the suit, affecting his interest without his participation. The applicant sought joinder to avoid multiplicity of suits and to ensure his rights were determined in the same proceedings. None of the respondents filed affidavits in opposition despite being served.

Issues

  1. Whether the applicant ought to be added as a party to High Court Civil Suit No. 1701 of 2020.

Orders

  • Application granted.
  • Applicant added as a party to High Court Civil Suit No. 1701 of 2020.
  • No orders as to costs.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Order 1 rule 7 and Order 7 rule 10(2) — Necessary Parties
A party may be joined at any stage of proceedings where his presence is necessary to enable the court to effectually and completely adjudicate upon and settle all questions involved in the suit, particularly where the orders sought would legally affect that person's interest and joinder would avoid multiplicity of suits.
Civil Procedure — Joinder of Parties — Purpose — Avoidance of Multiplicity of Suits
The purpose of joinder of parties is to avoid multiplicity of suits. Under section 33 of the Judicature Act, the court has powers to grant remedies so 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 — Affidavit Evidence — Unchallenged Affidavits
Where facts are sworn to in an affidavit and they are not denied by the opposite party, the presumption is that they are accepted. Where no affidavit in reply is filed, the affidavit in support is taken to be unchallenged and truthful.

Legislation cited (7)

Cases cited (4)

  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd (Civil Appeal No. 8 of 1998)
  • Gokaldas Laximidas Tanna v Store Rose Mugimba (High Court Civil Suit No. 1076 of 1987)
  • Tororo District Administration v Andalalapo Ltd [1994 KALR 126
  • Samutiri Mussa v Rose Achen (High Court Bulletin 297 of 1978)

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_26_(6_February_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.