1. Vide a Notice of Motion dated 2nd May 2025, Kizito Okodoi Kaloti, who is the applicant herein, seeks to be joined to this suit as an interested party.
2. The application is premised on the grounds that the proposed interested party/ applicant has an interested in the subject matter of the suit property namely South Teso/Asinge/1443 in that he is in use and occupation of the suit property and he is registered alongside the respondent as a joint owner of the suit property.
3. The application is supported by the affidavit of the applicant sworn on 2nd May, 2025 in which the applicant has annexed the title deed for the parcel of land known as South Teso/Asinge/2145 (which appears to a subdivision of the suit property, Teso/Asinge/1443 transmitted to the applicant and the respondent pursuant to the grant issued in Busia CMC Succession Cause number 220 of 2012).
4. The application is unopposed.
5. I have read and considered the application, the grounds and supporting affidavit.
6. The title deed annexed to the application is for a different parcel of land, South Teso/Asinge/2145. Be that as it may, I have reason to believe that the annexed title is a subdivision of the parcel of land in question, South Teso/Asinge/1443. I say so because the confirmed grant annexed to the main application/ suit shows that the respondent and the proposed interested party/applicant were to jointly get 1.3 hectares from the original parcel of land South Teso/Asinge/1443.
7. In view of the foregoing, I find and hold that the applicant has demonstrated sufficient interest in the suit property warranting his joinder in the suit. Since as a co-owner of a portion of the suit property with the respondent, the proposed interested party applicant has similar interest in the suit property to the interest of the respondent, I allow him to join the suit not as an interested party but as the 2nd respondent and direct him to within seven (7) days from the date of delivery of this ruling, to file his response to the main suit/application.
8. As the application is undefended, I make no order as to costs.
9. Orders accordingly.
Ruling, dated, signed and delivered virtually in Busia this 19th day of May 2026.
In the presence of:
N/A for the Applicant
Sabencia Amwano Ekarot- Respondent
Kizito Okodoi Kaloti - Interested Party/Applicant
Court Assistant: Tracy