Question: Draft a hypothetical Application for addition of parties under 0rder 1

rule 13 of the CPR

DOCUMENT

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MUKONO

MISCELLANEOUS APPLICATION NO…………. OF………….

ARISING FROM CIVIL SUIT NO……………….OF……………..

KATONGOLE WILLIAM………………………………………………………….APPLICANT/PLAINTIFF

VERSUS

TWAHA KIYIMBA KAGGWA………………………………………………….RESPONDENT/DEFENDANT

NOTICE OF MOTION

(Brought under Order 52 rule 1 & 2, Section 98 & 100 of the CPA, Section 33 of
the Judicature Act Cap 13 and under Order 1 rule 13, Order 1 rule 10(2) of the
Civil Procedure Rules SI 71-1)

TAKE NOTICE that this Honorable Court shall be moved on the……………

day…………….20…….at……………..O’clock in the /forenoon afternoon or soon thereafter
as counsel for the applicant can be heard on the application for orders that:

1. The applicant be granted leave of this Honorable Court to add the Attorney
General as the 2nd Defendant to Civil Suit No. 819 of 2022

2. Costs of the application be provided for

TAKE FURTHER NOTICE that the grounds

Written Submission on joinder of the Attorney General as 2 nd Respondent

This application (by the Petitioner) to join the Attorney General as 2nd Respondent to
this petition is brought by way of Notice of Motion under Order 52 rule 1 & 2, Section
98 & 100 of the CPA, Section 33 of the Judicature Act Cap 13 and under Order 1 rule
13, Order 1 rule 10(2) of the Civil Procedure Rules SI 71-1

To that effect, it’s pertinent for the Petitioner to reproduce the Order under which
he seeks the remedy.

Order 1 rule 13 of the Civil Procedure Rules “Any application to add or strike out or
substitute a plaintiff or defendant may be made to the court at any time before the
trial by motion or summons or at the trial of the suit in a summary manner.

Order 1 Rule 10 (2) of the Civil Procedure Rules. “(2) The court may at any stage of
the proceedings either upon or without the application of either party, and on such
terms as may appear to the court to be just, order that the name of any party
improperly joined, whether as plaintiff or defendant be struck out and that the name
of any person who ought to have been joined whether as plaintiff or defendant, or
whose presence before the court may be necessary to enable the court effectually
and completely to adjudicate upon and settle all questions involved in the suit, be
added.”

The Interpretation of the Rule was clearly laid out by Justice FMS EGONDA-NTENDE in
the case of (Gakou and Brothers Enterprises Ltd v SGS Uganda Ltd (HCT-00-CC-MA
431 of 2005) [2005] UGCommC 42 (14 July 2005)

To be specific in Paragraphs;

Paragraph 8 (Gakou and Brothers Enterprises Ltd v SGS Uganda Ltd (HCT-00-CC-MA
431 of 2005) [2005] UGCommC 42 (14 July 2005) BEFORE THE HONOURABLE MR.
JUSTICE FMS EGONDA-NTENDE

From the wording of the rule, it is clear the rule is about misjoinder and non-joinder
of parties. It anticipates a situation where if a party had been improperly joined, such
party could be removed, and if some other person, ought to have been party and was
not, may be joined as a party to the suit. See Daphne Parry v Murray Alexander
Carson, [1962] E.A. 515.

The Learned Judge went at length to explain that the order i.e. Order 1 Rule 10 (2)
of the Civil Procedure Rules does not extend to substitution of parties. It does not
apply where a defendant who has been sued, claims that he has been wrongly or
unjustifiably sued by the plaintiff, and is therefore the wrong party. Form this the
rule is not applicable where an applicant seeks to substitute a party for suing the
wrong party and where a non-existent party is sued.

Paragraphs 11 of Gakou and Brothers Enterprises Ltd v SGS Uganda Ltd (HCT-00-
CC-MA 431 of 2005) [2005] UGCommC 42 (14 July 2005) BEFORE THE
HONOURABLE MR. JUSTICE FMS EGONDA-NTENDE cited the case of Kololo Curing
Co. Ltd v West Mengo Co-operative Union Ltd [1981] H.C.B. 60, (Holding 13)
wherein it was stated that as to whether a defendant can apply under O.1 r.10 (2) of
the Civil Procedure Rules for joining a third party to a suit as a co-plaintiff, not only
can any of the parties to a suit avail himself of the provisions of the rule but the
court itself can on its own motion, join any party as plaintiff or defendant, if in its
judgment, such joinder would facilitate effectively and completely the determination
of the suit.”

Paragraphs 13 of Gakou and Brothers Enterprises Ltd v SGS Uganda Ltd (HCT-00-
CC-MA 431 of 2005) [2005] UGCommC 42 (14 July 2005) BEFORE THE
HONOURABLE MR. JUSTICE FMS EGONDA-NTENDE states that Under Order 1 Rule 10
(2) of the Civil Procedure Rules, it may be possible for the parties to apply to add a
party, or at the instance of the court to add a party, in case the presence of such a
person is necessary to enable the court effectually and completely to adjudicate upon
and settle all questions involved in the suit. Salim Jamal and others v Uganda
Oxygen Limited and others Supreme Court Civil Appeal No.64 of 1995 (Unreported)
provided such possibility.

An action was brought by a shareholder against the directors and persons controlling
the companies in question. After holding that the derivative action brought by the
member had been proved, the trial court, added the company as a defendant to the
action so as to be able to effectively deal with the remedies that the company was
entitled to on the basis of the plaintiff’s successful action. The Supreme Court
upheld the joiner of Uganda Oxygen Ltd as a defendant under Order 1 Rule 10(2) of
the Civil Procedure Rules as it was essential to the resolution of the dispute between
the parties.

Prayer

The applicant therefore being alive to the above principles as set out in the
authorities ably cited and the Supreme Court decision of Salim Jamal & Others v
Uganda Oxygen Limited & Others SCCA NO.64 OF 1995 we implore this honorable
tribunal to find that the applicant has satisfied the grounds upon which court may
grant leave to amend a petition and add the second respondent.
We therefore pray that this honorable court finds it necessary to amend and attach to
this petition the 2nd Respondent.