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TBH Holdings Limited v Mpalanyi Faizo Niwamanya and Multichoice Uganda Limited (Miscellaneous Application No. 2683 of 2024)

High Court · [2025] UGCOMMC 89 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for joinder as defendant in ongoing civil suit
Decision
Applicant joined as 2nd Defendant in underlying civil suit; 1st Respondent directed to amend pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a party may be joined to a suit not because there is a cause of action against it, but because its presence is necessary to enable the court to effectually and completely adjudicate upon and settle all questions involved. Where the alleged act giving rise to the plaintiff's claim was performed by the applicant rather than the named defendant, the applicant is a necessary party and should be added as a defendant to avoid multiplicity of suits and to resolve all issues to finality.

Outcome

Applicant joined as 2nd Defendant in underlying civil suit; 1st Respondent directed to amend pleadings

Facts

TBH Holdings Limited provided creative and digital marketing services to Multichoice Uganda Limited under a contract executed on 1 September 2024. The contract included an indemnity clause requiring TBH Holdings to indemnify Multichoice against claims arising from the provision of services. During the provision of services, an employee of TBH Holdings posted a video featuring the 1st Respondent, Mpalanyi Faizo Niwamanya, a media influencer. The 1st Respondent commenced Civil Suit No. 1390 of 2024 against Multichoice for unauthorized use of his image, picture, video and captions for financial gain without consent, seeking compensation and damages. Multichoice denied liability, stating that the video was posted by TBH Holdings as an independent contractor. TBH Holdings applied to be joined as a defendant, contending that since its employee posted the video, it was a necessary party to enable complete adjudication of all questions involved.

Issues

  1. Whether it is necessary and proper to add the Applicant as a Defendant in Civil Suit No. 1390 of 2024?
  2. What remedies are available to the parties?

Orders

  • The 1st Respondent is directed to add the Applicant as the 2nd Defendant in Civil Suit No. 1390 of 2024 and to amend the pleadings accordingly and serve the Defendants with the amended plaint within seven (7) days from the date of this Ruling.
  • The Applicant is directed to file and serve its written statement of defence within fifteen (15) days after receipt of the amended plaint.
  • A rejoinder to be filed within fifteen (15) days after receipt of the written statement of defence.
  • Costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Necessary Parties — Test for Addition of Party as Defendant
A party may be joined to a suit not because there is a cause of action against it, but because that party's presence is necessary in order to enable the court effectually and completely adjudicate upon and settle all the questions involved in the cause or matter.
Civil Procedure — Joinder of Parties — Grounds for Addition — Orders Legally Affecting Third Party Interests
For a person to be joined on the ground that his presence in the suit is necessary for effectual and complete settlement of all questions involved, it must be shown either that the orders which the plaintiff seeks in the suit would legally affect the interests of that person, or that it is desirable for avoidance of multiplicity of suits to have such person joined so that he is bound by the decision of the court.
Civil Procedure — Joinder of Parties — Distinction Between Joinder as Defendant and Third Party Proceedings
Third party proceedings are instituted where the defendant admits being liable or is held to be liable but there exists a contractual relationship for contribution, indemnity, subrogation or warranty between the defendant and the third party. Where the defendant denies liability and the applicant also denies that any wrong was committed, joinder as a defendant rather than third party proceedings is appropriate.
Civil Procedure — Joinder of Parties — Court's Discretion — Exercise of Discretion to Add Parties
The court is embraced with discretionary powers to add or remove a party to a suit on its own motion under Order 1 rule 10(2) of the Civil Procedure Rules. Such discretion is to be exercised judiciously and is intended to enable the court to deal with matters to their finality so as to curb multiplicity of suits.

Legislation cited (8)

Cases cited (9)

  • Oriental Insurance Brokers Limited v Transocean (U) Limited (Supreme Court Civil Appeal No. 55 of 1995)
  • Sagoo Harbhan Singh and Another v Nathan Mugisha and Others (High Court Miscellaneous Application No. 2306 of 2021)
  • Vastina Kyalisima v Josephine Abaasa (High Court Miscellaneous Application No. 500 of 2021)
  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd (Supreme Court Civil Appeal No. 9 of 1998)
  • Maj. Roland Kakooza Mutale v Attorney General (High Court Miscellaneous Application No. 665 of 2003)
  • Mukuye Steven and 73 Others v Madhivani Group Ltd (High Court Miscellaneous Application No. 821 of 2013)
  • Kololo Curing Co. Ltd Vs West Mengo Co-op Union Ltd [1981] HCB 60
  • Yahaya Kariisa v Attorney General and Another (Supreme Court Civil Appeal No. 7 of 1994)
  • Amon Vs Raphael Tuck & Sons Ltd [1956]1 ALL ER p. 273

Full judgment

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

TBH Holdings Limited v Mpalanyi Faizo Niwamanya and Multichoice Uganda Limited (Miscellaneous Application No. 2683 of 2024) [2025] UGCommC 89 (28 March 2025)
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.