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Asiimwe Kallen and Others v Noor Auto Limited [2026] UGHCCD 191

High Court · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application by chamber summons in a pending civil suit seeking leave to amend the plaint and to add a co-defendant
Decision
Leave to amend granted and Kweyamba Deogratius allowed to be added as co-defendant; main suit set down for mention and directions

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Holding

The court granted leave to amend a plaint in a fatal road accident negligence suit so as to include burial expenses omitted by former counsel, holding that the amendment neither prejudiced the respondent nor obstructed determination of liability. Applying Gaso Transport Services and Departed Asians Property Custodian Board, the court also allowed joinder of the person who had purchased the offending motor vehicle from the respondent in 2015 and to whom the logbook was handed in 2016, since possession and control of the vehicle at the date of the 2022 accident lay with him. Joinder was prudent for the effective resolution of the suit and to avoid multiplicity of proceedings.

Outcome

Leave to amend granted and Kweyamba Deogratius allowed to be added as co-defendant; main suit set down for mention and directions

Facts

The applicants are plaintiffs in Civil Suit No. 0240 of 2022 arising from the death of the late Banyonyi Richard in an accident on 10 June 2022 involving motor vehicle registration No. UAW 987Y, a Toyota Hiace registered in the respondent's name. Acting on advice from new counsel, the applicants said the plaint drawn by their former lawyers omitted material facts, including some of the burial expenses incurred. When former counsel attempted service, they were informed that the vehicle had been sold. The respondent, a dealer in second-hand vehicles, confirmed that it had sold the vehicle to Kweyamba Deogratius on 22 April 2015, that full consideration had been paid, and that the logbook was handed to him on 29 February 2016 for transfer into his names, attaching the sale agreement. The respondent contended that it had had neither possession nor control of the vehicle since the sale, that the alleged driver was not its employee, and that it had been wrongly sued, so that the proper course was substitution rather than joinder. The applicants sought leave to amend the plaint and to add the purchaser as a co-defendant.

Issues

  1. Whether the applicants should be granted leave to amend their plaint in Civil Suit No. 0240 of 2022.
  2. Whether the applicants showed sufficient cause to add Kweyamba Deogratius as a co-defendant in Civil Suit No. 0240 of 2022.

Orders

  • The applicants are granted leave to amend pleadings in Civil Suit No. 0240 of 2022.
  • The amended plaint shall be filed within 10 days from the date of the ruling.
  • The defendants shall have a right to file their defences or amendments within 15 days from the date of service.
  • The suit is set down for mention and directions on 9 September 2026.
  • The parties are encouraged to close all pretrial procedure including interparty scheduling before that day.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Discretion Where No Prejudice to Opposite Party
A court may allow amendment of pleadings at any stage where the amendment is necessary to determine the real questions in controversy, is sought in good faith, does not substitute a distinctive new cause of action, and occasions no injustice to the opposite party; the addition of further heads of expenditure already flowing from the pleaded cause of action satisfies these conditions.
Civil Procedure — Joinder of Parties — Necessary Party for Effective Settlement of All Questions
A person may be added as a defendant where the relief sought arises out of the same act or transaction and a common question of law or fact would arise, and where that person's presence is necessary for the effective and complete settlement of all questions in the suit or to avoid multiplicity of proceedings; the discretion to add or strike out a party must be exercised judicially on sound principles.
Tort Law — Negligence — Liability for Motor Vehicle — Possession and Control at Date of Accident Rather Than Registration
Where a motor vehicle has been sold and delivered, with the logbook handed over for transfer, years before an accident, possession and control at the material time rest with the purchaser, and that person is a proper party to a negligence claim arising from the accident notwithstanding that registration remains in the vendor's name.

Legislation cited (5)

Cases cited (3)

  • Gaso Transport Services (Bus) Ltd v Martin Adala Obene (Civil Appeal No. 4 of 1994)
  • Samson Sempasa v P.K Sengendo (Miscellaneous Application No. 577 of 2013)
  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd [1999] 1 EA 55

Full judgment

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Asiimwe Kallen and Others v Noor Auto Limited [2026] UGHCCD 191 (11 June 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.