[2025] UGHCLD 127

[2025] UGHCLD 127

The court found that the documentary evidence, specifically the transfer of land from the Administrator General to the Applicant, established a direct link between the parties regarding the suit property. The entries on the certificate of title and the prayers in the amended plaint justified the issuance of a third party notice for contribution or indemnity. The court applied Order 1 Rule 14 of the Civil Procedure Rules, which allows a defendant to seek contribution or indemnity from a non-party by way of a third party notice, provided there is a legal basis for such a claim. The Respondent's argument that it is no longer the Administrator was not sufficient to defeat the application, as...

Citation
[2025] UGHCLD 127
Parties
Applicant: M/S Marketing Support Services Ltd; Respondent: Administrator General
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
8 July 2025
Case Number
Miscellaneous Application 2834 of 2023
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application_granted
Judges
Kazaarwe, J
Legal Topics
Third Party Notice, Contribution and Indemnity, Transfer of Land, Estate Administration
Source Language
English
Civil Procedure Land and Property Third Party Notice Contribution and Indemnity Transfer of Land Estate Administration

Case Brief

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Parties

M/S Marketing Support Services Ltd

Applicant

Administrator General

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether a third party notice ought to issue as prayed by the Applicant.

Ratio Decidendi

The court found that the documentary evidence, specifically the transfer of land from the Administrator General to the Applicant, established a direct link between the parties regarding the suit property. The entries on the certificate of title and the prayers in the amended plaint justified the issuance of a third party notice for contribution or indemnity. The court applied Order 1 Rule 14 of the Civil Procedure Rules, which allows a defendant to seek contribution or indemnity from a non-party by way of a third party notice, provided there is a legal basis for such a claim. The Respondent's argument that it is no longer the Administrator was not sufficient to defeat the application, as...

Court Disposition

application_granted

Orders

  • A third party notice hereby issues against the Administrator General for the contribution/indemnity of M/S Marketing Support Services Ltd, the 5th Defendant in Civil Suit No. 961 of 2018.
  • Costs in the Cause.