[2022] UGHCLD 27
The court found that, given the peculiar conduct of the parties and the impracticality of expunging the plaint, the more tenable and practical solution was to order the plaintiffs to disclose the value of the subject matter and provide evidence of payment of all requisite court fees within 30 days. This would ensure...
Source-derived case information.
- Citation
- [2022] UGHCLD 27
- Parties
- Applicant: Damanico Properties Ltd; Respondent: Tusiime John Kaserebe; Respondent: Jotus Development Ltd; Respondent: Mother Kevin Women Open University Limited; Respondent: Kiwanuka Anthony; Respondent: Ochieng S. C. Peter
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application No. 760 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Expunge Amended Plaint and for Disclosure of Subject Matter Value
- Outcome
- Alternative prayer granted; plaintiffs to disclose value of subject matter and provide evidence of payment of requisite fees within 30 days.
- Judges
- Kawesa, J
- Legal Topics
- Consolidation of Suits, Pleadings Amendment, Court Fees, Disclosure of Subject Matter Value
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Damanico Properties Ltd
Applicant
Tusiime John Kaserebe
Respondent
Jotus Development Ltd
Respondent
Mother Kevin Women Open University Limited
Respondent
Kiwanuka Anthony
Respondent
Ochieng S. C. Peter
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Expunge Amended Plaint and for Disclosure of Subject Matter Value
Legal Issues
- 1 Whether the amended plaint should be expunged for violating consolidation parameters.
- 2 Whether the plaintiff should be ordered to disclose the value of the subject matter and pay any requisite fees.
Ratio Decidendi
The court found that, given the peculiar conduct of the parties and the impracticality of expunging the plaint, the more tenable and practical solution was to order the plaintiffs to disclose the value of the subject matter and provide evidence of payment of all requisite court fees within 30 days. This would ensure that the plaint is properly on record as the basis for the consolidated suit, in compliance with procedural requirements and in the interest of justice. The application to expunge the plaint was not granted, but the alternative prayer for disclosure and payment of fees was allowed.
Court Disposition
Alternative prayer granted; plaintiffs to disclose value of subject matter and provide evidence of payment of requisite fees within 30 days.
Orders
- Plaintiffs to disclose the value of the subject matter and provide evidence that all requisite fees have been paid within 30 days from the date of the ruling.
- Costs in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA [LAND DIVISION]**
# **MISC. APPLICATION NO. 760 OF 2021 (ARISING FROM CONSOLIDATED HCCS NO. 164 OF 2017, HCMC NO. 288/2019, HCMC NO.435 OF 2019 & HCCS NO. 405 OF 2019)**
**DAMANICO PROPERTIES LTD::::::::::::::::::::::::::::::::::::::APPLICANT**
#### **VERSUS**
- **1. TUSIIME JOHN KASEREBE** - **2. JOTUS DEVELOPMENT LTD** - **3. MOTHER KEVIN WOMEN OPEN UNIVERSITY LIMITED** - **4. KIWANUKA ANTHONY** - **5. OCHIENG S. C. PETER:::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENTS**
**RULING**
## **BEFORE HON. JUSTICE HENRY I. KAWESA**
The application seeks order that the amended plaint be expunged for violating the agreed parameters for consolidating the several matter herein.
This is a very strange application. It represents the strange behaviour I have noticed in this matter because ever since this Court took over these cases, the parties have made it impossible for us to proceed on account of endless ping pong.
The ping pong is worsened by the 3rd respondents who for reasons stated by them on record as of now, have petitioned the Court to have their matter stayed pending other applications by them before Court of appeal.
The Applicants in this particular application now want the plaint to be rejected or in the alternative in their paragraph 4.19, the plaint is to be upheld, they pray that the Plaintiff should be ordered to disclose the value of the subject matter, so that if there and if there are unpaid fees, the same be paid by the Plaintiffs.
In view of the peculiar behaviour of all parties herein as I have alluded to the above, I find the alternative prayer more tenable and practical in these types of circumstances.
I therefore grant the said prayer as prayed for by the Applicant. In the alternative I order that the Plaintiffs do disclose the value of the subject matter and provide evidence that all requisite fees have been paid within 30 days from the date of this Ruling, in order for the plaint to be taken on record as the basis for the consolidated suit, in lieu of HCCS No. 164 of 2017, NT-MC No.288 of 2019, HCMC No.435 of 2019 and HCT CS No. 405 of 2019.
Costs in the cause.
I so order.
………………………
Henry I. Kawesa **JUDGE** 18/02/20221
### 18/02/2022
Alex Tuhimbise for the Applicant.
Applicant absent.
Tusiime John present; Director for JOTUS
The others absent.
Court: Ruling delivered to the parties above
………………………
Henry I. Kawesa
### **JUDGE**
18/02/2022