TBH Holdings Limited v Mpalanyi Faizo Niwamanya and Multichoice Uganda Limited
TBH Holdings Limited v Mpalanyi Faizo Niwamanya and Multichoice Uganda Limited (Miscellaneous Application No. 2683 of 2024) [2025] UGCommC 89 (28 March 2025)
The Court found that TBH Holdings Limited is a necessary party to Civil Suit No. 1390 of 2024 because the alleged infringement was committed by its employee, and the Applicant has an indemnity agreement with the 2nd Respondent. The Applicant's presence is required to effectually and completely adjudicate all questions involved and to avoid multiplicity of suits. The Court rejected the Respondent's argument that lack of a direct cause of action precludes joinder, citing established precedent that necessity for complete adjudication is sufficient. The Court also found that third party proceedin…
Source excerpt
- Joinder Of Parties
- Indemnity Contracts
- Third Party Proceedings
- Adjudication Of Questions
- Multiplicity Of Suits