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Lasto Mayanja v Lugya
Lasto Mayanja v Lugya (Miscellaneous Application No. 1236 of 2014) [2015] UGHCLD 1 (10 March 2015)
The application for a third party notice fails because the causes of action between the defendant and the respondent are not identical; the plaintiff's claim is based on trespass, while the defendant's claim against the respondent is based on misrepresentation. There is no express or implied contractual obligation for indemnity in the sale agreement, nor is there a legal or equitable basis for such an obligation arising from misrepresentation. The law requires that for a third party to be joined, both the subject matter and the cause of action must be the same, which is not the case here. The…
Source excerpt
- Third Party Proceedings
- Indemnity Claims
- Misrepresentation In Land Sale
- Trespass To Land