Wakilii

Gondariya v Imperial Gas Supply (U) Limited (Miscellaneous Application 1179 of 2021)

High Court · [2023] UGCOMMC 201 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend plaint in summary suit for loan recovery
Decision
Leave to amend plaint granted with directions for filing and service within 14 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted leave to amend plaint to reflect part payment of debt. Amendment sought to reduce claimed amount from UGX 220,000,000 to UGX 194,400,000. Court held amendment should be freely allowed before hearing where it causes no injustice to opposite party and enables determination of real controversy. Amendment did not prejudice respondent's defence and actually reduced potential liability.

Outcome

Leave to amend plaint granted with directions for filing and service within 14 days

Facts

The Applicant filed Civil Suit No. 416 of 2020 by summary procedure seeking to recover loan arrears of UGX 220,000,000 from the Respondent. The loan was advanced on 7 February 2018 and was repayable by 30 June 2018. The Respondent issued postdated cheques which were dishonoured. The Respondent successfully obtained leave to defend. After filing the suit, the Respondent made part payment of UGX 25,600,000, reducing the outstanding balance to UGX 194,400,000. The Applicant sought leave to amend the plaint to reflect the updated amount. The Respondent opposed, arguing the amendment would prejudice its defence. Neither party appeared at the hearing.

Issues

  1. Whether the applicant should be granted leave to amend his plaint.

Orders

  • The Applicant is granted leave to amend his plaint in order to update the amount claimed as the outstanding loan balance.
  • The Applicant shall file the amended plaint in Court and serve the same on the Respondent within 14 (fourteen) days from the date of this ruling.
  • Costs of this application shall abide by the outcome of the main suit.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Timing and Discretion
Courts have discretion to allow amendments to pleadings in such manner and on such terms as may be just, and amendments sought before the hearing should be freely allowed if they can be made without injustice to the other side.
Civil Procedure — Amendment of Pleadings — Purpose and Principles
Amendments may be allowed by courts so that the real question in controversy between the parties is determined and justice is administered without undue regard to technicalities in accordance with Article 126(2)(e) of the Constitution.
Civil Procedure — Amendment of Pleadings — Prejudice Test
Leave to amend pleadings should be freely granted unless the amendment would cause an injustice to the opposite party which cannot be compensated by costs, or unless the amendment would introduce a distinct cause of action in place of the original cause.

Legislation cited (5)

Cases cited (1)

  • Mulowooza Brothers Ltd v N. Shah & Co. Ltd (Supreme Court Civil Appeal No. 26 of 2010)

Full judgment

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

Gondariya v Imperial Gas Supply (U) Limited (Miscellaneous Application 1179 of 2021) [2023] UGCommC 201 (20 October 2023)
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.