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Hoza Auto (U) Ltd v Dr. Asaba George (Civil Miscellaneous Application 14 of 2024) [2025] UGHC 406 (10 March 2025)
The High Court at Kasese dismissed an application to amend a plaint and join a proposed second defendant, holding the plaintiff could not be forced to sue a third party in this tort claim.
Gakou and Brothers Enterprises Ltd v SGS Uganda Ltd (HCT-00-CC-MA 431 of 2005) [2005] UGCommC 42 (14 July 2005)
The court held that Order 1 Rule 10(2) of the Civil Procedure Rules is concerned with the addition or removal of parties in cases of misjoinder or non-joinder, not with the substitution of a defendant at the instance of another defendant. The rule does not empower the court to substitute a defendant simply because the current defendant claims to have been wrongly sued. The plaintiff retains the right to choose whom to sue, and cannot be compelled to proceed against a party they do not wish to sue, except in cases of necessity. The application failed to demonstrate that the presence of Mushaga…
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