Wakilii

Jjuko v Bwende (Miscellaneous Application 220 of 2024)

High Court · [2025] UGHC 61 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out amended written statement of defence filed out of time without leave
Decision
Amended written statement of defence and counterclaim struck out for being filed out of time without leave of court

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An amended written statement of defence with counterclaim filed more than twenty-eight days after the original defence without leave of court is incompetent and must be struck out. Order 6 Rule 21 of the Civil Procedure Rules requires leave for amendments after twenty-eight days. A court has no residual jurisdiction to enlarge statutory time limits.

Outcome

Amended written statement of defence and counterclaim struck out for being filed out of time without leave of court

Facts

The plaintiff filed a civil suit against four defendants. After withdrawal against the third defendant and service of an amended plaint, the first defendant filed a written statement of defence on 28 August 2024. A scheduling conference was held on 3 September 2024 and the matter was fixed for hearing on 29 October 2024. On 25 October 2024, the first defendant filed an amended written statement of defence with a counterclaim without seeking leave of court. The applicant/plaintiff filed this application seeking to strike out the amended pleading as being filed out of time and without leave.

Issues

  1. Whether the amended written statement of defence with counterclaim was filed out of time.
  2. Whether leave of court was secured before filing the amended written statement of defence with counterclaim.
  3. What remedies are available.

Orders

  • Application allowed.
  • Amended written statement of defence filed on 25 October 2024 struck out.
  • Counterclaim filed on 25 October 2024 struck out.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Amendment of Pleadings — Time Limits — Leave Requirement
Under Order 6 Rule 21 of the Civil Procedure Rules, a party may amend a counterclaim or setoff without leave of court within twenty-eight days from the date of filing, but any amendment after twenty-eight days must be with leave of court.
Amendment of Pleadings — Filing Out of Time — Competence
An amended written statement of defence with counterclaim filed out of time without securing the requisite leave of court is bad in law and incompetent and must be struck out.
Statutory Time Limits — Court Jurisdiction to Extend
A court has no residual or inherent jurisdiction to enlarge a period of time laid down by statute.

Legislation cited (5)

Cases cited (2)

  • Naggayi v Lwanga (Civil Appeal No. 30 of 2019)
  • Makula International Limited v His Eminence Cardinal Nsubuga & Anor (Court of Appeal Civil Appeal No. 4 of 1981)

Full judgment

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

Jjuko v Bwende (Miscellaneous Application 220 of 2024) [2025] UGHC 61 (31 January 2025)
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.