Wakilii

Ssekubwa v Tinkasimire & 7 Others (Miscellaneous Application 896 of 2024)

High Court · [2024] UGHCLD 174 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to reject and strike out plaint in underlying civil suit arising from land dispute
Decision
Application dismissed with costs to the respondents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that an applicant who has been granted an order to be added as a party to a suit but has not yet been formally added through amendment of the plaint lacks locus standi to apply to strike out that plaint under Order 6 rule 30 of the Civil Procedure Act. The application was dismissed as improper and premature, with the court directing the applicant to first employ legal remedies to enforce the order adding him as a party before challenging the plaint.

Outcome

Application dismissed with costs to the respondents

Facts

The 1st respondent instituted Civil Suit No. 620 of 2021 seeking declarations regarding ownership of a kibanja on land comprised in Kibuga Block 28 at Makerere Hill and remedies against the other respondents. The applicant applied vide MA No. 3070 of 2023 to be added as a co-defendant, which order was granted requiring the 1st respondent to amend the plaint and add the applicant. Before the amendment was effected, the applicant brought this application to reject and strike out the plaint on grounds including that titles to the suit land had been cancelled in a previous ruling (MA No. 223 of 2018), rendering the suit moot, vexatious and frivolous, and that the 1st respondent had failed to comply with the order to add him. The respondents opposed the application, with the 3rd, 4th and 5th respondents raising a preliminary objection that the applicant lacked locus standi as he had not yet been formally added as a party to the suit.

Issues

  1. Whether the applicant has locus standi to bring this application to strike out the plaint when he has not yet been formally added as a party to the suit.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.
  • Applicant directed to employ other legal remedies to enforce Court orders issued in MA No. 3070 of 2023 so as to have locus to challenge the plaint in the current suit.

Rules and key headnotes

Civil Procedure — Locus Standi — Application to Strike Out Plaint — Non-Party Status
A person who has been granted an order to be added as a party to a suit but who has not yet been formally added through the required amendment of the plaint lacks locus standi to apply to strike out that plaint under Order 6 rule 30 of the Civil Procedure Act.
Civil Procedure — Striking Out Pleadings — Parties Entitled to Apply
Order 6 rule 30 of the Civil Procedure Act, which empowers the court to strike out pleadings, is intended to be relied upon by parties to a suit and does not envisage third parties that are not yet formally party to the suit in question.
Civil Procedure — Amendment of Pleadings — Effect of Non-Compliance with Order to Add Party
Where a court has ordered that a party be added to a suit through amendment of the plaint, that person becomes entitled to be added but does not become an actual party with standing until the required amendment is effected. The failure to comply with such an order is a matter requiring separate enforcement remedies, not grounds for the intended party to apply to strike out the plaint.

Legislation cited (6)

Cases cited (2)

  • Njau & others v City Council of Nairobi [1976-1985] 1 EA 397
  • Dima Domnic Poro v Inyani Godfrey & Apiku Martin (Court of Appeal No. 17 of 2016)

Full judgment

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

Ssekubwa_v_Tinkasimire_&_7_Others_(Miscellaneous_Application_896_of_2024)_[2024]_UGHCLD_174_(27_June_2024)
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.