[2025] UGHCLD 90
The court found that the presence of the 3rd and 4th respondents is necessary for the proper determination of the dispute in Civil Suit No. 342 of 2023. Since the application to amend the plaint and add these parties was not opposed, and the respondents were duly served, the court exercised its discretion to grant...
Source-derived case information.
- Citation
- [2025] UGHCLD 90
- Parties
- Applicant: Shumuk Springs Development (SSL) Ltd; Respondent: Muyinza Joseph Bunoli; Respondent: Kampala District Land Board; Respondent: Kamukama Edwin Ndebesa; Respondent: Equity Bank
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application No. 3090 PF 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Amend Plaint and Add Parties
- Outcome
- application granted
- Judges
- Nassuna Matovu, J
- Legal Topics
- Amendment of Pleadings, Joinder of Parties, Leave of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shumuk Springs Development (SSL) Ltd
Applicant
Muyinza Joseph Bunoli
Respondent
Kampala District Land Board
Respondent
Kamukama Edwin Ndebesa
Respondent
Equity Bank
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Plaint and Add Parties
Legal Issues
- 1 Whether the applicant should be granted leave to amend the plaint in Civil Suit No. 342 of 2023.
- 2 Whether the 3rd and 4th respondents should be added as parties to the suit.
Ratio Decidendi
The court found that the presence of the 3rd and 4th respondents is necessary for the proper determination of the dispute in Civil Suit No. 342 of 2023. Since the application to amend the plaint and add these parties was not opposed, and the respondents were duly served, the court exercised its discretion to grant leave to amend the plaint. The court relied on the principles that amendments should be allowed to enable the real issues to be determined and that all necessary parties should be joined to avoid multiplicity of proceedings and ensure complete adjudication of the matter.
Court Disposition
application granted
Orders
- Applicant is granted leave to amend the plaint in Civil Suit No. 342 of 2023 to add the 3rd and 4th respondents as parties.
- The amendment must be effected within 15 days from the date of the ruling.
Full Case Text
Judgment text and source record
24 paragraphs
# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION) MISCELLANEOUS APPLICATION NO. 3090 PF 2024 (ARISING FROM CIVIL SUIT NO. 342 OF 2023)**
### **SHUMUK SPRINGS DEVELOPMENT (SSL) LTD ::: PLAINTIFF VERSUS**
#### **1. MUYINZA JOSEPH BUNOLI**
#### **2. KAMPALA DISTRICT LAND BOARD**
#### **3. KAMUKAMA EDWIN NDEBESA**
## **4. EQUITY BANK :::::::::::::::::::::::::::::::::::::::: DEFENDANTS**
#### **BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU**
#### **PROCEEDINGS:**
### **Date: 19/6/2025**
Mr. Nuwamanya Balam from M/s Pearl Advocates and solicitors for applicant
Applicant's representative Judith Ayebare – present
M/s Twebaza Angella from M/s Kalikumutima & Co. Advocates for 4th respondent.
1st, 2nd and 3rd respondents absent
#### **Mr. Nuwamanya:**
The respondents were served but are not in court. There is proof of service.
I pray that we proceed exparte against them: Court: Application to proceed exported granted.
Mr. Nuwamanya: The 4th Respondent filed an affidavit in reply and is not opposing this application. The other respondents did not file affidavits in reply. I pray that the application be allowed since it is not opposed.
Ms. Tewabaza: It is true we are not opposing the application.
#### **Court:**
After carefully studying the pleadings. I am convinced that the 3rd and 4th Respondents presence in this matter is necessary for proper determination of the dispute by court. The 4th Respondent is not opposing this application.
The application is therefore hereby granted and applicant is granted leave to amend the Plaint in Civil Suit No. 342 of 2023 and add the 3rd and 4th Respondents as parties to the case. This should be done within 15 days from today.
Costs shall be in the cause.
**Flavia Nassuna Matovu**
**Judge 19/6/2025**