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Uganda decisions
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Luwedde Victoria and Others v Nassiwa Deborah (Miscellaneous Application No. 459 of 2025) [2025] UGHCFD 58 (14 July 2025)
The High Court of Uganda granted joinder, adding the applicants as defendants in an estate dispute because they were beneficiaries whose interests could be affected.
Mbakira Asaph v Nkuba George William (Civil Suit 75 of 2023) [2025] UGHC 435 (18 June 2025)
The court applied the three-way test for the lis pendens rule: (1) whether there are two suits before a court with jurisdiction, (2) whether the parties are the same or litigating under the same title, and (3) whether the matter in issue is directly and substantially similar in both cases. The court found that both suits are before the High Court at Mbarara, involve the same parties on opposing sides, and concern the same suit land and core issue of ownership. The court held that the plaintiff, if aggrieved by the defendant's actions during the pendency of the earlier suit, should have sought…
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Roukia Kamugisha and Others v Denise Marie Emile Jaspers and Others (Civil Suit 3 of 2021) [2025] UGHC 357 (10 April 2025)
The High Court at Kabale has jurisdiction to hear the suit concerning the estate of William H. B. F Kamugisha, including property situated in Kampala, as the High Court's jurisdiction is not territorially limited by statute and the estate comprises properties in multiple locations. Section 33 of the Judicature Act mandates the avoidance of multiplicity of suits, allowing the court to determine all matters in controversy. The amended plaint discloses a cause of action against the sixth defendant, as the plaintiffs, being beneficiaries, have their rights affected by the caveat lodged by the six…
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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…
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Kajumba v Nyaisanja (HCT-01-LD-CS 43 of 2023) [2025] UGHC 137 (28 February 2025)
The court found that the instant suit and the earlier suit (HCT-00-CV-CS-LD 38 of 2021) involved the same parties, subject matter, and reliefs, and both were pending before the same court. Applying the tests for lispendens, the court held that the instant suit was barred under Section 6 of the Civil Procedure Act. Furthermore, the Plaintiff's conduct in filing a second suit on the same subject matter against the same defendant constituted an abuse of court process, as it perpetuated multiplicity of suits and risked conflicting judgments. The court concluded that the suit must be struck out an…
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Royal Transit Limited and Another v Kyamanywa and Others (Miscellaneous Application 1711 of 2024) [2025] UGCommC 66 (17 February 2025)
The High Court found the later suit overlapped with an earlier suit on the same loan dispute, ordered consolidation, and held the plaint still disclosed a cause of action.
The Board of Governors Kings College Buddo v Kizito (Miscellaneous Application 2677 of 2024) [2025] UGHCLD 5 (20 January 2025)
The High Court allowed an application to amend a defence and counterclaim to correct plot descriptions, finding no prejudice and no change to the cause of action.
Commissioner Land Registration v Kabuye (Miscellaneous Application 2431 of 2024) [2024] UGHCLD 289 (3 December 2024)
The court held that the law permits amendments to pleadings at any stage of proceedings to enable the real questions in controversy to be determined. The applicant demonstrated that new findings materially affect the defence, and the amendment would not prejudice the respondents. The respondents retain the right to challenge the amended pleadings in evidence, and allowing the amendment would avoid multiplicity of suits. The court cannot verify the authenticity of the new findings at this stage, but this does not preclude amendment. The application was made in good faith and does not offend th…
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Thembo v Mubingwa (Civil Suit 47 of 2024) [2024] UGHC 656 (25 June 2024)
High Court ruling dismissed a fresh land suit as barred by lis pendens, holding the proper course was to reinstate the original file for retrial under the Court of Appeal’s orders.
Kate Trading & Supplies Limited v Emadu & 4 Others (Miscellaneous Application 165 of 2024) [2024] UGCommC 190 (21 June 2024)
The court found that the preliminary objection regarding the abatement of the suit was unmerited, as Order 11 A Rule 6 is directory and there was no order dismissing the main suit. The Applicant demonstrated interest in the suit by filing the application. The court held that amendments to pleadings are permissible at any stage before judgment, especially when necessary to determine the real questions in controversy and to avoid multiplicity of suits. The proposed amendment, although introducing a new cause of action, is not barred by law according to Supreme Court precedent. The amendment was…
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