Wakilii

Twongyeirwe Peter t/a Cedar Hotels Ltd v National Water and Sewerage Corporation and Another (Miscellaneous Application No. 1176 of 2024)

High Court · [2025] UGHCCD 216 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend pleadings and join the Attorney General as second respondent in underlying civil suit
Decision
Applicant granted leave to amend pleadings by joining the Attorney General as second respondent within 10 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application for leave to amend pleadings by adding the Attorney General as second respondent. The court held that where there is a dispute between existing parties as to which of them bears liability, and the trial has not yet commenced, the court should exercise its discretion to allow joinder to avoid multiplicity of suits and enable complete adjudication of all issues in controversy. The amendment did not change the original cause of action and no prejudice was shown that could not be compensated by costs.

Outcome

Applicant granted leave to amend pleadings by joining the Attorney General as second respondent within 10 days

Facts

The applicant filed Civil Suit No. 150 of 2023 against National Water and Sewerage Corporation (NWSC) arising from a trespass claim related to water infrastructure. During mediation, NWSC's Director of Legal Services indicated that any liability would fall on the Attorney General, as NWSC had inherited the assets from the Ministry of Water and Environment free from liability under the Water Act. The applicant then sought to amend his pleadings to join the Attorney General as second respondent. NWSC supported the joinder, maintaining it bore no liability. The Attorney General opposed, arguing NWSC was a body corporate with capacity to sue and be sued, and that the applicant had no cause of action against the Attorney General. The trial had not yet commenced.

Issues

  1. Whether the applicant should be granted leave to amend his pleadings by joining the Attorney General as the second respondent to the underlying civil suit.
  2. Whether the addition of the Attorney General is necessary to determine the real questions in controversy between the parties.

Orders

  • Application allowed.
  • No order as to costs.
  • Applicant granted leave to amend his pleadings within 10 days by adding the 2nd respondent.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Joinder of Parties — Discretion of Court
The court has discretion under Order 6 Rule 19 of the Civil Procedure Rules to allow amendment of pleadings at any stage of proceedings where necessary to determine the real questions in controversy between the parties, provided the amendment does not work an injustice to the other party that cannot be compensated by costs.
Civil Procedure — Joinder of Parties — Conditions for Joinder — Avoiding Multiplicity of Suits
Under Order 1 Rule 3 of the Civil Procedure Rules, all persons may be joined as defendants against whom any right to relief arising out of the same transaction is alleged to exist, where common questions of law or fact would arise, in order to avoid multiplicity of proceedings and enable the court to effectually adjudicate upon all questions involved in the suit.
Civil Procedure — Amendment of Pleadings — Timing — Pre-Trial Amendments
Courts should be liberal in accepting and allowing amendments made prior to the commencement of trial, whereas amendments sought after commencement of trial require the party to show that despite due diligence the matter could not have been raised before trial commenced.
Civil Procedure — Joinder of Parties — Dispute as to Liability Between Existing Parties
Where there is a contention between existing parties as to which of them bears liability, and the trial has not yet commenced, the court should exercise its discretion to allow joinder of an additional party to avoid multiplicity of suits and enable complete determination of all issues in controversy.

Legislation cited (7)

Cases cited (5)

  • Muhamed Kasasa v Jasper Sirasi Bwogi (Court of Appeal Civil Appeal No. 42 of 2008)
  • Cropper v Smith (1884) 29 Ch D 700
  • Gaso Transport Services (Bus) Ltd v Obene [1990-1994] EA 88
  • Sebunya Gerald v Uganda Commercial Bank (1992-1993) HCB 224
  • Dennis Kimuli Bahemuka v Sarah Biribonwa Anywar [1987] HCB 71

Full judgment

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

Twongyeirwe Peter t_a Cedar Hotels Ltd v National Water and Sewerage Corporation and Another (Miscellaneous Application No. 1176 of 2024) [2025] UGHCCD 216 (28 November 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.