Court name
HC: Land Division (Uganda)
Case number
Civil Miscellaneous Application-2020/1409
Judgment date
21 January 2021

Africa Forward Christian Ministries v Mubiru and Anor (Civil Miscellaneous Application-2020/1409) [2021] UGHCLD 7 (21 January 2021);

Cite this case
[2021] UGHCLD 7
Coram
Kawesa, J

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

LAND DIVISION

MISCELLANEOUS APPLICATION NO.1409 OF 2020

(ARISING FROM CIVL SUIT NO. 1128 OF 2019)

 

AFRICA FORWARD CHRISTIAN MINISTIRES:::::::::::::::APPLICANT

 

VERSES

  1. JOSEPH KIZITO MUBIRU
  2. DFCU BANK:::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENTS

 

BEFORE: HON. MR. JUSTICE HENRY I. KAWESA

 

RULING

 

The Applicant herein applied to add the 2nd Respondent as defendant in Civil Suit No. 1128 of 2019 and thereby amend the plaint.

The application was opposed by the 2nd Respondent.

 

I have perused the pleadings and submissions and I have noted that the main objection raised by the 2nd Respondent is that there is no cause of action against the 2nd Respondent.

 

I do however find no merit in the objections raised because in choosing who to sue, a party is guided by the requirement that; -

  1.  the plaintiff enjoyed a right,
  2.  the right has been violated and;
  3.  the defendant is liable.

As argued by the Applicant, he believes that he enjoys a right vide a purchase agreement, which has been violated by the 1st and 2nd Respondents interest therein is threatening the Applicant’s interest.

All other issues addressed in submissions are matters for the main suit.

 

I do find no merit in the objection raised by the 2nd Respondent against this application.

 

The application is granted.

Costs be in the cause.

 

I so order.

 

………………………………

Henry I. Kawesa

JUDGE 

21/01/2021.

 

 

21/01/2021:

Namawejje Sylvia for the Applicant present.

Applicant representative present.

Respondents absent.

Court:  Ruling delivered to parties above.

 

………………………………

Henry I. Kawesa

JUDGE 

21/1/2021.