[1992] UGHCCD 1

[1992] UGHCCD 1

The court found that although Abedi Mwase had dealings with the disputed property, his presence as a defendant was not vital to the determination of the issues in the main suit. The application to add him was motivated by the applicants' dissatisfaction with Mwase's refusal to testify on their behalf, rather than by a genuine need to resolve the ownership issue. The court held that applications must be made in good faith and that the applicants had not come to court with clean hands. Consequently, the application lacked merit and was dismissed.

Citation
[1992] UGHCCD 1
Parties
Applicant: S. Ali Kabuluku; Applicant: The Board of Governors Bugembe Islamic Institute; Respondent: Francis Makoha
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
18 June 1992
Procedural Posture
Miscellaneous Application / Ruling on Application to Add Party
Outcome
application dismissed with costs to the respondent
Judges
Kato, J
Legal Topics
Joinder of Parties, Discretion of Court, Bad Faith in Applications
Source Language
English
Civil Procedure Joinder of Parties Discretion of Court Bad Faith in Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

S. Ali Kabuluku

Applicant

The Board of Governors Bugembe Islamic Institute

Applicant

Francis Makoha

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Add Party

Legal Issues

  1. 1 Whether Abedi Mwase should be added as a second defendant to enable the court to properly adjudicate the ownership of the suit premises.
  2. 2 Whether the application to add Abedi Mwase is made in good faith.

Ratio Decidendi

The court found that although Abedi Mwase had dealings with the disputed property, his presence as a defendant was not vital to the determination of the issues in the main suit. The application to add him was motivated by the applicants' dissatisfaction with Mwase's refusal to testify on their behalf, rather than by a genuine need to resolve the ownership issue. The court held that applications must be made in good faith and that the applicants had not come to court with clean hands. Consequently, the application lacked merit and was dismissed.

Court Disposition

application dismissed with costs to the respondent

Orders

  • The application to add Abedi Mwase as a second defendant is dismissed.
  • Costs awarded to the respondent/defendant.