Wakilii

Ushang Limited v Airtel Uganda Limited and Another (Miscellaneous Application No. 1930 of 2021)

High Court · [2021] UGHCLD 186 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to add a party as co-defendant in pending civil suit
Decision
M/s Eaton Towers Co. Ltd added as co-defendant to 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 to add Eaton Towers Co. Ltd as a co-defendant. The court held that under Order 1 r.10(2) CPR, it has discretion to add parties at any stage where necessary for justice, particularly where the party to be added is alleged to be in occupation of the disputed land. The court rejected arguments that the amendment introduced a new cause of action or was time-barred, finding that consequential amendments to pleadings are permissible where they serve the interest of justice and do not alter the fundamental cause of action.

Outcome

M/s Eaton Towers Co. Ltd added as co-defendant to the main suit

Facts

Ushang Ltd filed Civil Suit No. 761 of 2021 against Airtel Uganda Ltd and American Tower Company Ltd. The applicant subsequently sought to add M/s Eaton Towers Co. Ltd as a third defendant, alleging that this company was in occupation of the suit land. The 1st respondent did not oppose the application. The 2nd respondent objected, arguing that Eaton Towers Co. Ltd was a non-entity, that the amendment would introduce a new cause of action, and that the application was an abuse of process. The 2nd respondent's written statement of defence acknowledged that upon acquisition of Uganda Towers Ltd by Eaton Towers (Uganda) Ltd in 2018, the site and sub-lease came under Eaton Towers' management. Confusion existed in the pleadings regarding the relationship between various entities including American Tower Company Ltd, American Tower Uganda Ltd, Uganda Towers Ltd, and Eaton Towers.

Issues

  1. Whether M/s Eaton Towers Co. Ltd should be added as co-defendant in HCCS No. 761 of 2021.
  2. Whether the proposed amendment introduces a new cause of action prejudicial to the 2nd respondent.
  3. Whether the application is an abuse of court process.

Orders

  • Application to add M/s Eaton Towers Co. Uganda Ltd as co-defendant allowed.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Joinder of Parties — Discretion of Court under Order 1 r.10(2) CPR
Under Order 1 r.10(2) of the Civil Procedure Rules, the court has discretion to add a person as a party to a suit at any stage of proceedings, either upon or without application, on such terms as appear just, and this discretion may be exercised even without an application by the party.
Civil Procedure — Joinder of Parties — Party in Occupation of Disputed Land
Where a party to be added is alleged to be in occupation of the land in dispute, it becomes imperative for the court to accord that party a fair hearing in accordance with the rules of natural justice, and the party objecting to joinder must prove how allowing the third party would prejudice the objecting party's interests.
Civil Procedure — Amendment of Pleadings — Consequential Amendments Following Joinder
Adding another party to a suit may entail consequential amendments to pleadings which the court would ordinarily not be inclined to deny, and Order 6 r.20 CPR (which permits plaintiff to amend within 14 days without leave) cannot be interpreted as removing the court's discretion to grant amendments following joinder, for as long as the amendment serves the interest of justice and does not alter the cause of action.
Civil Procedure — Joinder of Parties — Plaintiff's Right to Choose Parties
A plaintiff has the right to choose which party to sue, and the addition of another party ought not to be denied merely on the basis of discrepancies detected in the names of other parties in the suit, as the duty to explain such variations lies with the respondents and makes those issues triable matters under the suit.

Legislation cited (2)

Cases cited (1)

  • GASO Transport Services (BUS) Ltd v Martin Adala Obene [1990-1994] EA 88

Full judgment

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

Ushang_Limited_v_Airtel_Uganda_Limited_and_Another_(Miscellaneous_Application_No._1930_of_2021)_[2021]_UGHCLD_186_(20_December_2021)
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.