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Kabuye Mustapha and Another v Kabuye Ndadaye Mustafa [2026] UGHCLD 237

High Court · 2026 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous application arising from Civil Suit No. 416 of 2021, with an oral prayer for leave to amend the heading to substitute the correct parties
Decision
Application struck out as incurably defective; applicants at liberty to file a fresh application against the proper parties

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On an oral application for leave to amend the heading of a miscellaneous application to substitute the correct parties, the court held that the application, having been filed against the wrong parties, was incurably defective and could not be saved by amendment. Leave to amend was refused and the application was struck out under section 98 of the Civil Procedure Act, with the applicants advised to file a fresh application naming the proper parties.

Outcome

Application struck out as incurably defective; applicants at liberty to file a fresh application against the proper parties

Facts

The applicants brought a miscellaneous application arising from Civil Suit No. 416 of 2021 before the Land Division. When the matter came up, counsel for the applicants informed the court that the application contained an error in that it had been filed against the wrong respondents, which he described as a pure error, and sought leave to amend the heading of the application so as to substitute the correct parties. The respondent was absent. The court considered the nature of the defect and declined to permit the amendment.

Issues

  1. Whether leave should be granted to amend the heading of an application that names the wrong parties.
  2. Whether an application filed against wrong parties is curable by amendment or must be struck out.

Orders

  • Leave to amend the heading of the application refused.
  • Application struck off under section 98 of the Civil Procedure Act.
  • Applicants advised to file a fresh application with the proper parties.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Application Filed Against Wrong Parties Incurably Defective
An application filed against the wrong parties is incurably defective and cannot be rectified by amending the heading to substitute the correct parties; the proper course is for the court to strike out the application and for the applicant to file a fresh application naming the proper parties.
Civil Procedure — Inherent Powers of Court — Striking Out Defective Applications under Civil Procedure Act s.98
The court may invoke its inherent powers under section 98 of the Civil Procedure Act to strike out an application that is fundamentally defective and incapable of being cured.

Legislation cited (1)

Full judgment

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

Kabuye Mustapha and Another v Kabuye Ndadaye Mustafa [2026] UGHCLD 237 (1 July 2026)
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.