Wakilii

Ellen Chen v Byamugisha (Miscellaneous Civil Application No. 240 of 2020)

High Court · [2020] UGCOMMC 38 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend counterclaim to add parties, arising from Civil Suit No. 231 of 2017
Decision
Application granted with leave to amend counterclaim to add Pujiang Charmer Industry and Trade Company Limited and Triple A Enterprises Limited as parties

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted leave to amend the counterclaim to add necessary parties. The application was brought under Order 6 rule 19 and Order 1 rules 1, 2 and 3 of the Civil Procedure Rules. The court found that business transactions occurred between the proposed parties involving supply of goods between 2015 and 2017, and that the respondent introduced Triple A Enterprises Limited as consignee. Adding the parties was necessary to determine the real questions in controversy and avoid multiplicity of suits. No prejudice would be caused as the respondent did not oppose the application.

Outcome

Application granted with leave to amend counterclaim to add Pujiang Charmer Industry and Trade Company Limited and Triple A Enterprises Limited as parties

Facts

The Applicant and Respondent were business partners between 2015 and 2017. During their business relationship, the Respondent introduced Triple A Enterprises Limited as the consignee to which goods should be sent. The Applicant, acting on behalf of Pujiang Charmer Industry and Trade Company Limited (a Chinese company of which she is a director), supplied goods to the Respondent through Triple A Enterprises Limited. The business relationship fell apart and a dispute arose, resulting in Civil Suit No. 231 of 2017 being filed in the Commercial Division. The Applicant filed a counterclaim in that suit. The Applicant then brought this application seeking leave to amend the counterclaim to add Pujiang Charmer Industry and Trade Company Limited as 2nd Counter claimant and Triple A Enterprises Limited as 2nd Counter Defendant. The Respondent did not file submissions in opposition despite being served through counsel.

Issues

  1. Whether leave should be granted to the Applicant to amend her counterclaim to add Pujiang Charmer Industry and Trade Company Limited as the 2nd Counter claimant and Triple A Enterprises Limited as the 2nd Counter Defendant.

Orders

  • Application allowed.
  • Applicant directed to effect necessary amendments to pleadings to bring on board the necessary parties.
  • Summons to such parties to be made within 15 days from the date of this ruling.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Joinder of Parties — Principles Governing Exercise of Discretion
The court may at any stage of proceedings allow a party to amend pleadings to add necessary parties where such amendment is necessary for determining the real questions in controversy between the parties, provided the amendment does not work injustice to the other side, avoids multiplicity of proceedings, is not made malafides, and is not prohibited by law.
Civil Procedure — Joinder of Parties — Necessary Parties — Test for Addition
A party may be joined where their presence is necessary to enable the court to effectively and completely adjudicate or settle the suit, particularly where business transactions occurred between the proposed parties and disputes arose from those transactions, and where adding the parties would avoid multiplicity of suits.

Legislation cited (7)

Cases cited (2)

  • Gaso Transport Services (Bus) Limited v Martin Adala Obene (Supreme Court Civil Appeal No. 4 of 1994)
  • Kayondo Muhammed and 3 Others v Administrator General and 2 Others (Miscellaneous Application No. 628 of 2016)

Full judgment

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

Ellen Chen v Byamugisha (Miscellaneous Civil Application No. 240 of 2020) [2020] UGCommC 38 (13 October 2020)
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.