[2015] UGHCLD 1

[2015] UGHCLD 1

The application for a third party notice fails because the causes of action between the defendant and the respondent are not identical; the plaintiff's claim is based on trespass, while the defendant's claim against the respondent is based on misrepresentation. There is no express or implied contractual obligation for indemnity in the sale agreement, nor is there a legal or equitable basis for such an obligation arising from misrepresentation. The law requires that for a third party to be joined, both the subject matter and the cause of action must be the same, which is not the case here. The applicant's remedy, if any, lies in a claim for damages against the respondent, not indemnity....

Citation
[2015] UGHCLD 1
Parties
Applicant: Lasto Bosco Mayanja; Respondent: Lugya Ronald
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
10 March 20155 October 201510 March 2015
Case Number
Miscellaneous Application No. 1236 of 2014
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Judges
Anna B. Mugenyi, J
Legal Topics
Third Party Proceedings, Indemnity Claims, Misrepresentation in Land Sale, Trespass to Land
Source Language
English
Civil Procedure Land and Property Third Party Proceedings Indemnity Claims Misrepresentation in Land Sale Trespass to Land

Case Brief

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Parties

Lasto Bosco Mayanja

Applicant

Lugya Ronald

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to issue a third party notice against the respondent for indemnity in respect of Civil Suit No. 543 of 2014.
  2. 2 Whether the causes of action between the defendant and respondent are sufficiently identical to warrant joinder under Order 1 rule 14(1) and (2) of the Civil Procedure Rules.
  3. 3 Whether misrepresentation in the sale agreement creates a legal or equitable obligation for indemnity.

Ratio Decidendi

The application for a third party notice fails because the causes of action between the defendant and the respondent are not identical; the plaintiff's claim is based on trespass, while the defendant's claim against the respondent is based on misrepresentation. There is no express or implied contractual obligation for indemnity in the sale agreement, nor is there a legal or equitable basis for such an obligation arising from misrepresentation. The law requires that for a third party to be joined, both the subject matter and the cause of action must be the same, which is not the case here. The applicant's remedy, if any, lies in a claim for damages against the respondent, not indemnity....

Court Disposition

application dismissed

Orders

  • The application is dismissed with no order as to costs.