Wakilii

Byamukama v Uganda National Roads Authority (HCT-00-CV-CS 15 of 2019)

High Court · [2024] UGHC 707 · 2024 Preliminary Objections Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objections to amended plaint in ongoing civil suit for trespass
Decision
Preliminary objections dismissed; case to proceed to hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Preliminary objections overruled. Court held that amended plaint was within permitted scope, did not introduce new cause of action, and was served within reasonable time where no specific deadline prescribed. Order 17 Rule 5 concerning failure to set down suit for hearing inapplicable to case already at hearing stage. Matter to proceed to hearing on merits.

Outcome

Preliminary objections dismissed; case to proceed to hearing on merits

Facts

Plaintiff sued defendant for trespass on land, claiming special damages of UGX 1 billion, general damages and costs. Court heard and closed plaintiff's case, then reopened it on 28 February 2022 and allowed plaintiff to amend plaint to include monetary value of damaged property based on valuation report. Plaintiff filed amended plaint on 10 March 2022 and served it on defendant on 27 April 2022. When matter came for further hearing, defendant raised preliminary objections that: (i) amended plaint included amendments not permitted by court and was served out of time; and (ii) suit had abated under Order 17 Rule 5 for failure to take steps for six months after February 2022.

Issues

  1. Whether the amended plaint should be rejected for including amendments not permitted by the court or having been served out of time.
  2. Whether the instant suit abated under Order 17 Rule 5 of the Civil Procedure Rules.

Orders

  • Preliminary objections raised by counsel for the defendant are overruled.
  • Matter shall be heard on merit.
  • Matter fixed for further hearing of the plaintiff's case on 23rd August 2024 at 9:00 am.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Scope of Permitted Amendments
Courts allow amendments to pleadings so that the real question in controversy between the parties is determined, but will not allow one distinct cause of action to be substituted for another or amendments that would change the action into one of a substantially different character.
Civil Procedure — Amendment of Pleadings — Service of Amended Pleadings During Hearing
Where an amendment is filed during the hearing stage after defences have been filed, Order 6 Rule 23 of the Civil Procedure Rules requires only that a duplicate of the amended document be delivered to the opposite party without prescribing a specific time limit. Service must be effected within a reasonable time depending on the circumstances of the case.
Civil Procedure — Abatement of Suit — Application of Order 17 Rule 5
Order 17 Rule 5 of the Civil Procedure Rules, which addresses failure to set down a suit for hearing within prescribed time after delivery of defence, is inapplicable to a suit that has already proceeded to the hearing stage and where evidence has been led.

Legislation cited (5)

Cases cited (3)

  • Mulowoza & Brothers Ltd v N. Shah & Co. Ltd (Supreme Court Civil Appeal No. 26 of 2010)
  • Eastern Bakery v Castelino [1958] EA 461
  • Formula Feeds Limited & 3 Others v KCB Bank Limited (Miscellaneous Application No. 1647 of 2022)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Byamukama v Uganda National Roads Authority (HCT-00-CV-CS 15 of 2019) [2024] UGHC 707 (12 July 2024)
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.