Wakilii

Ddamulira v Mugabi (Misc. Application No.0433 of 2017)

High Court · [2018] UGHCLD 22 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by chamber summons for leave to amend plaint to join Kezimbira Investments Ltd as a party in underlying Civil Suit No. 170 of 2015
Decision
Application for leave to amend plaint dismissed with costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application to amend plaint to join Kezimbira Investments Ltd dismissed. Court held the proposed amendment barred by limitation under Section 5 of the Limitation Act as more than 12 years had elapsed since the Applicant's alleged cause of action accrued. Applicant was a director of the company sought to be added and had knowledge of all material facts since 2000, yet filed suit only in 2015. Amendment also found to be mala fide as Applicant failed to disclose his role as director and participant in the transactions complained of.

Outcome

Application for leave to amend plaint dismissed with costs

Facts

The Applicant moved by chamber summons for leave to amend the plaint in Civil Suit No. 170 of 2015 to join Kezimbira Investments Ltd as a party. The Respondent opposed the application, asserting that the Applicant was himself a shareholder and director in Kezimbira Investments Ltd and had consented to the sale of the suit land to the Respondent. The Respondent's evidence showed that Kezimbira Investments Ltd was registered on the certificate of title by 2000, the Applicant was a director who participated in acquiring the land and having it registered in the company's name, and the Applicant signed off on the sale to the Respondent. The suit was filed in 2015, more than 12 years after the company was registered on title.

Issues

  1. Whether the proposed amendment to add Kezimbira Investments Ltd as a party is barred by limitation under Section 5 of the Limitation Act.
  2. Whether the proposed amendment is made in bad faith or contains falsehoods that should disentitle the Applicant to the amendment.

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Limitation — Illegality
A proposed amendment to pleadings should not be allowed where it is expressly or impliedly prohibited by law, including where the proposed amendment would introduce a cause of action barred by the Limitation Act.
Statutory Interpretation — Limitation Act — Illegality — Effect on Pleadings
An illegality once brought to the attention of the court supersedes all matters of pleading and should not await amendment of pleadings.
Land & Property — Recovery of Land — Limitation Period — Section 5 of the Limitation Act
Under Section 5 of the Limitation Act, no action shall be brought to recover land after the expiration of 12 years from the date on which the right of action accrued.
Civil Procedure — Amendment of Pleadings — Bad Faith — Non-Disclosure
An application to amend pleadings will be refused where it is shown to be mala fide, contains falsehoods, or where the applicant has deliberately failed to disclose material facts including their role in the transactions complained of.

Legislation cited (1)

Cases cited (2)

  • Gaso Transport Services (Bus) Ltd v Obene [1994] EA 88
  • Makula International v His Eminence Cardinal Nsubuga (1982) HCB 11

Full judgment

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

Ddamulira_v_Mugabi_(Misc._Application_No.0433_of_2017)_[2018]_UGHCLD_22_(23_February_2018)
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.