Clovis Karatunga v Edrisa Nyakairu (Civil Suit No. DR. MFP 16 90)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

An amended plaint filed under summary procedure (Order 33) without leave before the court has heard and disposed of the application for leave to appear and defend is struck out. Order 6 Rule 19, which permits amendment without leave within specified periods, does not apply to plaints brought under Order 33. An affidavit filed in support of an application for leave to defend cannot be treated as a written statement of defence for the purpose of Order 6 Rule 19.

Outcome

Amended plaint struck out; original plaint to stand; application for leave to defend to proceed

Facts

The plaintiff filed a civil suit against the defendant under summary procedure (Order 33) claiming Shillings 810,000. Summons were served on 16 July 1990. On 20 July 1990, the defendant's advocates filed an application for leave to appear and defend the suit, which was scheduled for hearing on 5 October 1990. On 2 August 1990, before the application for leave was heard, the plaintiff filed an amended plaint without indicating whether it was being amended under summary procedure or otherwise. The defendant's counsel sought to have the amended plaint dismissed on the ground that it was improperly filed while the application for leave to defend was pending, and that Order 6 Rule 19 (permitting amendment without leave) does not apply to plaints under Order 33.

Issues

1. Whether an amended plaint filed without leave while an application for leave to appear and defend was pending should be struck out.
2. Whether Order 6 Rule 19 of the Civil Procedure Rules applies to plaints filed under summary procedure (Order 33).
3. Whether an affidavit filed in support of an application for leave to defend can be treated as a written statement of defence for purposes of Order 6 Rule 19.

Orders

• The amended plaint is disallowed with costs to the defendant.
• The application for leave to appear and defend the suit to be proceeded with.
• Costs of this application to the defendant.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Rules Order 33
• Civil Procedure Rules Order 6 Rule 19
• Civil Procedure Rules Order 6 Rule 21
• Civil Procedure Rules Order 33 Rule 2
• Civil Procedure Rules Order 33 Rule 3
• Civil Procedure Rules Order 46 Rule 3
• Civil Procedure Rules Order 48 Rule 1

Cases cited (1)

• Uganda Transport Co Ltd v Count De La Pasture (Civil Appeal No. 83 of 1953)

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