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Katamba v Magambi and 13 Others (Civil Miscellaneous Application No. 1377 of 2020) [2021] UGHCLD 115 (17 August 2021)
- Citation
- [2021] UGHCLD 115
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Land Division (Uganda)
- Panel
- Nkonge, J
- Case number
- Civil Miscellaneous Application No. 1377 of 2020
- Language
- English
More details
- Court
- HC: Land Division (Uganda)
- Panel
- Nkonge, J
- Case number
- Civil Miscellaneous Application No. 1377 of 2020
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application to add Mr. Magimbi Farouq as the 2nd defendant in Civil Suit No. 550 of 2020 is uncontested. The record shows that the respondents were aware of the application and had expressed willingness to consent, but did not file any objection. The court is satisfied that the requirements for addition of a party under section 98 of the Civil Procedure Act and Order 1 rules 3 and 13 of the Civil Procedure Rules have been met. The application is granted as prayed, with costs in the cause. Parties are directed to attend court for further directives.
Court disposition
application_granted
Orders
- Mr. Magimbi Farouq is added as the 2nd defendant in Civil Suit No. 550 of 2020.
- Costs in the cause.
- Parties to attend court for further directives.
02
Material facts
Parties
Phillip Mike Katamba
Applicant Counsel: Kabuusu Muhumuza & Co. AdvocatesMagimbi Farouq
Respondent Counsel: Sanywa Wabwire & Co. Advocates13 Others
Respondent Counsel: JN Katerega Advocates & Legal Consultants03
Procedural history
Posture
Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether the 1st respondent, Mr. Magimbi Farouq, should be added as the 2nd defendant in Civil Suit No. 550 of 2020.
- 02
Whether the application is contested or uncontested.
- 03
Whether costs should be provided for.
Party arguments
- Applicant
- The applicant, as the registered owner of land comprised in Kyadondo Block 97, plot 44 at Busimbo, seeks to add Mr. Magimbi Farouq as the 2nd defendant in Civil Suit No. 550 of 2020. The application is supported by affidavit and correspondence indicating that the respondents were aware of the application and had expressed willingness to consent to it.
- Respondent
- The respondents did not file any objection to the application. Correspondence on record shows awareness of the application and willingness to consent, but no signed consent orders were availed.
05
Court’s reasoning
Legal principles
- 01
Section 98 Civil Procedure Act, Cap. 71; Order 1 rr3 and 13 Civil Procedure Rules S.I No. 71-1
Court may, under section 98 of the Civil Procedure Act and Order 1 rules 3 and 13 of the Civil Procedure Rules, add parties to a suit where necessary for the determination of all matters in dispute.
06
Ratio, limits and disposition
Ratio decidendi
The application to add Mr. Magimbi Farouq as the 2nd defendant in Civil Suit No. 550 of 2020 is uncontested. The record shows that the respondents were aware of the application and had expressed willingness to consent, but did not file any objection. The court is satisfied that the requirements for addition of a party under section 98 of the Civil Procedure Act and Order 1 rules 3 and 13 of the Civil Procedure Rules have been met. The application is granted as prayed, with costs in the cause. Parties are directed to attend court for further directives.
Obiter and limits
- The absence of a signed consent order does not negate the respondents' awareness and lack of objection to the application.
- Correspondence between counsel and the court demonstrates procedural compliance and willingness to resolve the matter amicably.
Court disposition
application_granted
- Mr. Magimbi Farouq is added as the 2nd defendant in Civil Suit No. 550 of 2020.
- Costs in the cause.
- Parties to attend court for further directives.
Source and reliance status
HC: Land Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Land Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT AT KAMPALA
LAND DIVISION
MISCELLANEOUS APPLICATION NO. 1377 of 2020
(Arising out of Civil Suit No. 550 of 2020)
PHILLIP MIKE KATAMBA..................................
VERSUS
<table>
MAGIMBI FAROUQ & 13 OTHERS....................................
$10$ Before: Lady Justice Alexandra Nkonge Rugadya
RULING
Introduction:
$\mathsf{S}$
This application was brought under section 98 of the Civil Procedure Act, Cap. 71; and Order 1 rr3 and 13 of Civil Procedure Rules S. I No. 71-1.
It seeks orders that the 1<sup>st</sup> respondent, Mr. Magimbi Farouck be added as the 2<sup>nd</sup> defendant in Civil Suit 15 No. 550 of 2020; and for costs to be provided for.
Grounds of the application:
The grounds are provided in detail in the affidavit of support of the application sworn by Mr. Phillip Mike Katamba, the registered owner of land comprised in *Kyadondo Block 97*, plot 44 at Busimbo.
The applicant is represented by M/S Kabuusu Muhumuza & Co. Advocates. The respondents on their 20 part are represented by *M/S* Sanywa Wabwire & Co. Advocates and *M/S JN Katerega Advocates* & Legal Consultants.
The respondents did not file any objection to this application. I am also not able to find an affidavit of service on the record. However, I have come across a letter with attachments A to D, filed in court on 20<sup>th</sup> April, 2021 by the applicant's counsel.
Among the attachments is Annexture D', correspondence by M/S Sanywa Wabwire & Co. Advocates, dated 18<sup>th</sup> January, 2021 addressed to the Deputy Registrar Court of Appeal, referring to this application and to four copies of the signed consent orders sent to that office. No other details were availed under that communication. Annexture C' dated 18<sup>th</sup> December, 2020, is another letter by counsel for the applicant herein, concerning this application and addressed to both counsel for the respondents.
$25$
It refers to the directives of this court issued on 9<sup>th</sup> December, 2020 and to yet an earlier letter by the plaintiffs/respondents, dated 19<sup>th</sup> October, 2020, by which they had expressed willingness to consent to this application.
Although I have not been able to find any signed consent orders regarding this application, the exchanges on record prove that counsel for the respondents were both aware of this application but chose not to file any objection to it.
I therefore consider this application as uncontested.
Costs in the cause.
Parties to attend court for further directives.
Alexandra Nkonge Rugadya
Judge
$\mathsf{S}$
25<sup>th</sup> August, 2021.
17/9/2021 at 2.30 for Andorg. Detrived by quail<br>aborg<br>28/8/2021
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