Court name
HC: Land Division (Uganda)
Case number
Civil Miscellaneous Application 932 of 2020
Judgment date
11 August 2020
Title

Deox Tibeingana v Andrew Mirembe Tumwebaze (Civil Miscellaneous Application 932 of 2020) [2020] UGHCLD 67 (11 August 2020);

Cite this case
[2020] UGHCLD 67
Coram
Kazaarwe, J

 

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(LAND DIVISION)

MISCELLANEOUS APPLICATION NO. 932 OF 2020

[ARISING OUT OF H.C.C.S Nos. 469, 470, 471, 472, 473, 474, 475, 476 AND 477 OF 2020]

  DEOX TIBEINGANA------------------------------------------ APPLICANT

      V

  ANDREW MIREMBE TUMWEBAZE------------------RESPONDENT

                                                                                                               [THIRD PARTY]

Before: Hon. Lady Justice Olive Kazaarwe Mukwaya

                                                         RULING

This application is brought by the Applicant, Mr. Deox Tibeigana for a Third Party Notice to be issued against Mr. Andrew Mirembe Tumwebaze, the Respondent and Third Party. It is brought under O.1 r.14 of the Civil Procedure Rules S.I 71-1. Civil suits No. 469, 470, 471, 472, 473, 474, 475, 476 and 477 of 2020 were consolidated by consent of the parties. The Plaintiffs in those suits sued the Defendant who is the Applicant for breach of contract.  The Applicant, in his Written Statement of Defence points to the actions and/or omissions of Mr. Andrew Mirembe Tumwebaze as the source of the causes of action against him. Mr. Tibeigana’s prayer is that a Third Party notice be issued against the Respondent to indemnify and/or contribute towards the Applicant’s liability, should the Court find him liable.

Mr. David Sempala for the Applicant filed written submissions in this matter and the same have been perused with this Court.

Issue

Whether the Respondent should be joined as Third Party to the suits as consolidated?

Resolution

Order 1 rule 14(1) provides as follows;

Where a defendant claims to be entitled to contribution or indemnity over against any person not a party to the suit, he or she may, by leave of the court, issue a notice (hereafter called a “third party notice”) to that effect.

There is a sale agreement marked ‘C’ that forms the basis of this application. It is dated 8th June 2018 and names the Applicant as ‘Vendor’ and the Respondent as ‘Purchaser’. The subject matter under the Agreement is the same subject matter in the suits as consolidated, which are apartments on land comprised in Leasehold Register Volume 4116 Folio 11 Plot 7A Chwa Close Kampala District measuring approximately 0.128 hectares, upon which the Plaintiffs lay claim in the matters before this Court.

I am satisfied that the Applicant has demonstrated a linkage to the claims in the suits as consolidated to warrant the grant of this Application under O.1.r. 14 of the CPR.

I hereby order as follows;

  1. A Third Party Notice is issued against the Respondent, Mr. Andrew Mirembe Tumwebaze to be joined as a party to Civil suit 469 as consolidated with Civil suits 470, 471, 472, 473,474,475,476 and 477 of 2020.
  2. Costs shall be in the cause.

 

………………………………….

Olive Kazaarwe Mukwaya

Judge

11.8.2020

Delivered by email to Mr. David Sempala for the Applicant.