Mbaine v Namusoke & Another
Mbaine v Namusoke & Another (Miscellaneous Application 2881 of 2023) [2024] UGHCLD 50 (26 February 2024)
The court found that although both civil suit No.107 of 2023 and civil suit No.136 of 2019 relate to the same land, they do not involve the same parties or identical causes of action. The parties in the two suits differ, with only one party overlapping, and the claims are distinct. Therefore, the les pendens rule does not apply, and civil suit No.107 of 2023 cannot be dismissed on that basis. The court further noted that consolidation of the suits may be considered to avoid multiplicity and conflicting decisions, but dismissal under the les pendens rule is not warranted.
Source excerpt
- Les Pendens Rule
- Multiplicity Of Suits
- Consolidation Of Suits
- Eviction Proceedings
- Specific Performance
- Party Identity