Kigozi Nabagala v Bwanika and 2 Others (Civil Suit 1003 of 2022) [2025] UGHCLD 143 (17 July 2025)

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA LAND DIVISION CIVIL SUIT NO. 1003 OF 2022

RACHEL KIGOZI NABAGALA ::::::::::::::::::::::::::::::::::

VERSUS

1. BENJAMIN BWANIKA

- 2. NAKALYANGO IRENE IVY - 3. COMMISSIONER LAND REGISTRATION::::::::::::::::::::::::::::::::::::

BEFORE LADY JUSTICE CHRISTINE KAAHWA

RULING

When this matter came up for hearing counsel for the $1^{st}$ and $2^{nd}$ defendants appeared in court. she applied for consolidation of this suit with another being Divorce Cause 198 of 2022. The reason is that the Divorce Cause presents the issue of division of property which also subject of litigation in this suit. She submitted that in this suit the said property is said to have been fraudulently transferred by the $1^{st}$ defendant to the $2^{nd}$ defendant.

Order 11 of the Civil Procedure Rules provides for Consolidation of suits as here under;

1. Where two or more suits are pending in the same court in which the same or similar questions of law or fact are involved, the court may, either upon

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the application of one of the parties or of its own motion, at its discretion, and upon such terms as may seem fit—

(a)order a consolidation of those suits; and

(b)direct that further proceedings in any of the suits be stayed until further order.

In this case the two suits are being handled by the High Court in the specialized division to with Family and Land Divisions. It is true that the suit property in the Divorce Cause is subject of litigation. I have also read the Plaint in this case and note that the suit property is situate in Garuga which now within the jurisdiction of the High Court Entebbe.

In order to resolve the predicament in this case there are two options that the parties can take being;

1. To apply for stay of proceedings in the Divorce Cause until the Land matter is resolved.

2. Apply to have the Divorce Cause transferred to Enterbe High Court so that the matters are handed by a single judge who may consider consolidating the matters.

In the premises I decline to grant the consolidation for the reasons mentioned herein above.

Dated at Kampala this 17^th day of July 2025.

$\vdots$

Christine Kaahwa JUDGE.