Amendment of pleadings in Uganda
In brief
A party may amend its pleadings, with leave, under Order 6 rule 19 of the Civil Procedure Rules. Courts allow amendments necessary to determine the real questions in controversy, so long as the other side is not prejudiced in a way that an award of costs cannot compensate, and the amendment is not made in bad faith or to introduce a time-barred claim.
1. Governing law
The power to amend is exercised liberally in aid of justice, but it is not unlimited. The guiding question is whether the amendment helps decide the real dispute without working an injustice that costs cannot remedy. Amendments that would prejudice an accrued limitation defence, or that are sought mala fide or to overreach, are refused.
2. Key statutes & rules
- Civil Procedure Rules, Order 6 rule 19 — amendment of pleadings.
3. Leading case
Gaso Transport Services (Bus) Ltd v Martin Adala Obene
Sets out the principles on which leave to amend pleadings is granted in Uganda — amendments allowed to determine the real controversy where no irreparable prejudice results. Confirm the citation before relying on it in a filing.
4. Practical guidance
Identify precisely what needs amending and why it goes to the real issues.
Apply for leave with the proposed amended pleading attached.
Address prejudice and offer costs to meet it.
Avoid amendments that revive a time-barred claim.
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.