Wakilii

Kalema v Ssekibinge [2019] UGHCLD 10

High Court · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for striking out amended plaint filed out of time
Decision
Amended plaint struck out; original plaint remains before Court for determination

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that an amended plaint filed after the expiration of fourteen days from filing of the written statement of defence and without leave of Court is void ab initio and has no effect on the original plaint. The withdrawal of such an invalid amended plaint does not vitiate the original plaint. The Defendant was awarded costs of the application to strike out the amended plaint.

Outcome

Amended plaint struck out; original plaint remains before Court for determination

Facts

The Plaintiff filed a plaint on 21 February 2018. The Defendant filed a written statement of defence on 7 March 2018. On 11 July 2018, the Plaintiff filed an amended plaint without leave of Court. On 12 November 2018, the Defendant filed Misc. Application No. 1789 of 2018 seeking to strike out the amended plaint as having been filed out of time. On 15 January 2019, the Plaintiff withdrew the amended plaint by letter to the registrar. The Defendant sought leave to appeal the registrar's order allowing the withdrawal without hearing from the Defendant and without awarding costs, and sought costs of the withdrawn suit.

Issues

  1. Whether the amended plaint filed on 11 July 2018 was filed out of time and without leave of Court.
  2. Whether the withdrawal of the amended plaint by letter to the registrar vitiated or removed the original plaint.
  3. Whether the Defendant is entitled to costs of the application for striking out the amended plaint.

Orders

  • The amended plaint filed on 11 July 2018 is struck out.
  • The original plaint filed on 21 February 2018 remains on record.
  • The Defendant is granted costs of Misc. Application No. 1789 of 2018.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Time Limits — Effect of Amendment Filed Out of Time
An amended plaint filed after the expiration of fourteen days from the filing of the written statement of defence and without leave of Court is void ab initio and has no effect on the original plaint.
Civil Procedure — Withdrawal of Pleadings — Effect on Original Plaint
The withdrawal of an invalid amended plaint that was filed without leave of Court does not vitiate or remove the original plaint, which remains on record for determination.
Civil Procedure — Costs — Application Overtaken by Events
Where a party incurs costs of filing an application and the matter is later withdrawn, the party who incurred costs is entitled to an award of costs notwithstanding the withdrawal.

Legislation cited (4)

  • Civil Procedure Rules O.6 r.18
  • Civil Procedure Rules O.6 r.20
  • Civil Procedure Rules O.25 r.1
  • Civil Procedure Rules O.25 r.7

Cases cited (3)

  • Nabanja Noor v Isaac Sendagire and Another (Civil Suit No. 182 of 2014)
  • Makula International Ltd v Cardinal Nsubuga and Another (1982) HCB 11
  • Nakiryowa Majorine Kiddu and Another v Maurice Sserugo Kiddu and Another (Civil Suit No. 587 of 2015)

Full judgment

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

Kalema_v_Ssekibinge_[2019]_UGHCLD_10_(13_March_2019)
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.