[2025] UGHCLD 65
The court found that the addition of Yusuf Kawuma, Huzairu Ssekayi, and Kisekka Lawrence as defendants was not opposed by any party and was necessary for the complete and effective adjudication of Civil Suit No.555 of 2019. The court exercised its discretion under Order 1 Rule 10(2) of the Civil Procedure Rules and...
Source-derived case information.
- Citation
- [2025] UGHCLD 65
- Parties
- Applicant: Gitta Kabenge; Applicant: Lugolobi Willy Bageyente; Applicant: Gitta Harriet; Respondent: Andrew Kizza; Respondent: John Kavuma Mugagga; Respondent: The Land Commissioner Land Registration; Respondent: Yusuf Kawuma; Respondent: Huzairu Ssekayi; Respondent: Kisekka Lawrence
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application 1050 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Add Parties and Amend Plaint
- Outcome
- application allowed
- Judges
- Kaahwa, J
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gitta Kabenge
Applicant
Lugolobi Willy Bageyente
Applicant
Gitta Harriet
Applicant
Andrew Kizza
Respondent
John Kavuma Mugagga
Respondent
The Land Commissioner Land Registration
Respondent
Yusuf Kawuma
Respondent
Huzairu Ssekayi
Respondent
Kisekka Lawrence
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Add Parties and Amend Plaint
Legal Issues
- 1 Whether the 4th, 5th, and 6th respondents should be added as defendants in Civil Suit No.555 of 2019.
- 2 Whether leave should be granted to amend the plaint to include the new defendants.
Ratio Decidendi
The court found that the addition of Yusuf Kawuma, Huzairu Ssekayi, and Kisekka Lawrence as defendants was not opposed by any party and was necessary for the complete and effective adjudication of Civil Suit No.555 of 2019. The court exercised its discretion under Order 1 Rule 10(2) of the Civil Procedure Rules and section 98 of the Civil Procedure Act to allow the joinder of these parties. Leave to amend the plaint was also granted to reflect the addition of the new defendants. Each party was ordered to bear their own costs, as there was no contestation and the application was procedural in nature.
Court Disposition
application allowed
Orders
- Yusuf Kawuma, Huzairu Ssekayi, and Kisekka Lawrence are added as defendants to Civil Suit No.555 of 2019.
- Leave is granted to amend the plaint in the main suit to include the 4th, 5th, and 6th respondents as defendants.
Full Case Text
Judgment text and source record
23 paragraphs
# THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA (LAND DIVISION) **MISCELLANEOUS APPLICATION 1050 OF 2024**
### **1. GITTA KABENGE**
2. LUGOLOBI WILLY BAGEYENTE ---------------------------------PLAINTIFFS
#### 3. GITTA HARRIET
(ADMINISTRATORS OF THE ESTATE OF THE LATE GITTA SAFFANI WALUGEMBE)
#### **VERSUS**
#### 1. ANDREW KIZZA
2. JOHN KAVUMA MUGAGGA
3. THE LAND COMMISSIONER LAND REGISTRATION --------DEFENDANTS
- 4. YUSUF KAWUMA - 5. HUZAIRU SSEKAAYI - **6. KISEKKA LAWRENCE**
# **BEFORE: HON. LADY JUSTICE CHRISTINE KAAHWA**
## **RULING**
This application is brought under section 98 of the Civil Procedure Act, Order 1 Rule 10(2) and 13 and Order 6 Rule 19 and 31 of the Civil Procedure Rules for orders that;
- a. The 4<sup>th</sup>, 5<sup>th</sup> and 6<sup>th</sup> Respondents; **YUSUF KAWUMA, HUZAIRU** SSEKAYI and KISEKKA LAWRENCE be added as defendants in Civil Suit No.555 of 2019. - b. Leave be granted to the applicants to amend the plaint in the main suit to include the $4^{\text{th}}$ , $5^{\text{th}}$ and $6^{\text{th}}$ Respondents as defendants.
c. Costs of the application be provided for.
When Civil Suit No.555 of 2019 from where this application arose, was called for hearing the parties indicated that they had no objection to the addition of the $4^{th}$ , $5^{th}$ and $6^{th}$ Respondents as defendants.
Counsel for the $2^{nd}$ defendant/ $2^{nd}$ respondent is from M/s Imran Advocates and Solicitors who were duly served with the application No.1050 of 2024. Counsel Mwanje Lawrence from M/s Imran Advocates and Solicitors represents the 4<sup>th</sup>, 5<sup>th</sup> and 6<sup>th</sup> respondents and had no objection to the proposed amendment.
I therefore allow the addition of the $4^{th}$ , $5^{th}$ and $6^{th}$ respondents as defendants in Civil Suit No.555 of 2019.
In conclusion I make the following orders;
- 1. That Yusuf Kawuma, Huzairu Ssekayi and Kisekka Lawrence be added as defendants to Civil Suit No.555 of 2019. - 2. That leave is granted to amend the plaint in the main suit to include the $4^{th}$ , $5^{th}$ and $6^{th}$ respondents as defendants - 3. Each party shall bear their own costs.
Dated at Kampala this 29<sup>th</sup> day of May 2025.
**Christine Kaahwa JUDGE**