Kiggala and 3 Others v Henry Panel Works Limited and 2 others (Miscellaneous Criminal Application 2820 of 2024) [2024] UGHCLD 257 (23 October 2024)

# REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION)

## MISC. APPLICATION NO.282O OF 2024

### (ARTSTNG FROM CrVrL SUrT NO.382 OF 20221

1. KIGGALA JOSEPH KALEMERA

2. KIKONYOGO ANDREW KIWEWESI

3. NANTEGE RUTH

4. SAAVA DORIS DAY NAKALEMBE (ADMINISTRATORS OF THE ESTATE OF THE KASALINA NKINZI) APPLICANTS

### VERSUS

1. HENRY PANEL WORKS LIMITED

2. SSENTONGO KIGGUNDU DANIEL

3. COMMISSIONER LAND REGISTRATION RESPONDENTS

### RULING

# BEFORE: HON. LADY JUSTICE NABAKOOZA FLAVIA K.

Parties present. Clerk Nakabuye.

Court: On 16th Scptember 2024 at 1O:46 am Counsel Martin Muhumuza informed court that they had a filed Misc. Application No.2255 /2024 with <sup>a</sup> preliminary objection to the counter claim.

In reply counsel Ssemanda Zziwa Ben told court that the police asked for 2 weeks to give them a copy of the Forensic report and that they were not aware of thc Preliminary Objection but they were going to access it and file a reply to it ald prayed for a mention date.

This court gavc today 23/lOl2024 at 9:40am as the next Hearing date. Today counsel Muhumuza has askcd court uphold the preliminary objection in Miscellaneous Application 2255 /2024 since it's a contested.

In reply counsel Ssemanda Ben Zziwa has informed court that they did not reply to the Misc. Application No.2255l2O2a because they found it necessary to filc Miscellaneous Application No.282O /2024 applying to add another party the lst Henry panel work Ltd with leave of court to amend the counter claim.

In my evaluation of the above a point of law many be raised by any party, and it shall be disposed of by court at the hearing, or the point of law can be set down for hearing and disposed of at any time see order 6 rule 28 Civil Procedure Rule (c. P. R)

In this case counsel Ssemanda was ordered to reply to Miscellaneous Application No.2255/2024 before the next mention date on 16/O9/2024 by 23/10/2O2a, which was more than a month, but instead decided to file another Application No.2820l2024 seeking to amend the very counter claim a preliminary objection was raised.

This action is an abuse of court process calculated to defeat Miscellaneous Application No.2255 12024 which this court will not cncourage as provided by S. 17(2) ofJudicature Act Cap 16.

Therefore, this Miscellaneous Application No.2255/2024 is granted as prayed since its un opposed under order 6 ruJe 29 of Civil Procedure Rule (C. P. R), and this also covers Miscellaneous Application No.282O 12024 the application to amend the counter claim is rejected with the events in Miscellaneous Application <sup>2255</sup>/2024 under S. 17 2(a) Judicature Act Cap 1.6 since it's an abuse of court process ... delays in trials.

I make no order to costs in Miscellaneous Application 2820 /2024 since the Respondents had not yet responded in reply.

il^,., /r) Signed, dated and delivered at Kampala this o24.

Nabakooza F1 Kalungi Ju