[2024] UGHCLD 15
The court found that the inclusion of the 4th to 13th defendants was necessary for the complete and effective adjudication of the issues in the main suit. The application to add these parties was therefore allowed, and the court issued directives for the filing and service of amended pleadings and subsequent...
Source-derived case information.
- Citation
- [2024] UGHCLD 15
- Parties
- Plaintiff: John Willis Kigula; Defendant: Namayanja & 2 Ors
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Suit 817 of 2021
- Procedural Posture
- Civil Suit / Ruling on Application to Add Parties
- Outcome
- application to add parties allowed
- Judges
- Nkonge, J
- Legal Topics
- Joinder of Parties, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Willis Kigula
Plaintiff
Namayanja & 2 Ors
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Add Parties
Legal Issues
- 1 Whether the applicant should be granted leave to add the 4th to 13th defendants to the suit.
Ratio Decidendi
The court found that the inclusion of the 4th to 13th defendants was necessary for the complete and effective adjudication of the issues in the main suit. The application to add these parties was therefore allowed, and the court issued directives for the filing and service of amended pleadings and subsequent procedural steps. No order as to costs was made.
Court Disposition
application to add parties allowed
Orders
- Amended plaint including the 4th to 13th defendants to be filed and served by 22/1/2024.
- Reply or Written Statement of Defence to be filed by 7/2/2024.
Full Case Text
Judgment text and source record
12 paragraphs
## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA **LAND DIVISION** CIVIL SUIT NO. 817 OF 2021 MA. NO. 3189 OF 2023 JOHN WILLIS KIGULA:::::::::::::::::::::::::::::::::::: **VERSUS** <table> NAMAYANJA & 2 ORS :::::::::::::::::::::::::::::::::::
## BEFORE: LADY JUSTICE ALEXANDRA NKONGE RUGADYA **RULING:**
$\mathsf{S}$
The applicant filed this suit against three defendants and now seek to add the $4^{th} - 13^{th}$ respondents (as the $4^{th} - 13^{th}$ defendants). Counsel for the applicant did not attend court on 12/1/2024, the date which was fixed in his presence, for the hearing/mention of the main suit.
The matter did not therefore proceed on that account. In relation to the 20 application MA No. 3189 of 2023 Counsel Juliet Kamunsiime representing the $1<sup>st</sup> - 3<sup>rd</sup>$ respondents/defendants had filed a reply, objecting to the application, to add the new parties.
The matter was however resolved by this court, and the application was allowed, 25 to add the $4^{th} - 13^{th}$ defendants.
## Accordingly, the directives below shall issue:
- 1. Amended plaint including the 4<sup>th</sup> 13<sup>th</sup> defendants shall be filed and served by $22/1/2024$ . - 2. Reply/ WSD to be filed by $7/2/2024$ . - 3. Rejoinder by $14/2/2024$ . - 4. Scheduling $26/3/2024$ at 9.30 a.m. - 5. All Trial Bundles to be filed by 26/3/2024 ready for scheduling.
The defence counsel to serve these directives to the plaintiff through his counsel. $\mathsf{S}$ No Orders to costs.
Alexandra Nkonge Rugadya
**JUDGE**
$12/1/2024$ $10$