Wakilii

Kamudda v FX Mubuuke (Miscellaneous Application No. 230 of 2022)

High Court · [2023] UGHCCD 119 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend written statement of defence and add counterclaim in pending civil suit
Decision
Application granted; applicant given leave to amend defence and add counterclaim within 7 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted leave to amend a written statement of defence and add a counterclaim under Order 6 Rule 19 of the Civil Procedure Rules. The court held that the amendment was necessary to determine the real questions in controversy, was not barred by law, did not substitute one cause of action for another, was made in good faith, and would not occasion injustice to the respondent. The application was unopposed as no affidavit in reply was filed.

Outcome

Application granted; applicant given leave to amend defence and add counterclaim within 7 days

Facts

The respondent filed Civil Suit No. 002 of 2018 against the applicant and another seeking eviction orders. The applicant initially engaged M/s Zahura & Co. Advocates who filed a written statement of defence. The applicant later realised that the defence did not adequately serve his interests as material facts had been omitted. He engaged new counsel, M/s Praxlex Advocates, who advised that the defence needed amendment and a counterclaim should be added. The applicant claimed to have received the suit land as a gift inter vivos through an agreement and will from his late grandmother, who was also a party to the main suit. No affidavit in reply was filed by the respondent.

Issues

  1. Whether the Applicant has shown grounds entitling him to be granted leave to amend his written statement of defence in the main suit.

Orders

  • The Applicant be and is hereby granted leave to amend his written statement of defence and add his counter claim.
  • The Applicant shall file the amended written statement of defence and counter claim within 07 days from the date of delivery of this Ruling.
  • The costs of this application shall abide the outcome of the main suit.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Discretion of Court — Order 6 Rule 19
Under Order 6 Rule 19 of the Civil Procedure Rules, the court may at any stage of proceedings allow a party to amend their pleadings where the amendment is necessary to determine the real questions in controversy between the parties, is made in good faith, does not occasion injustice to the opposite party, and is not expressly or impliedly prohibited by law.
Civil Procedure — Amendment of Pleadings — Substitution of Cause of Action
The court will not exercise its discretion to allow an amendment which has the effect of substituting one distinctive cause of action for another, but will allow amendments that clarify existing claims without introducing new causes of action.
Civil Procedure — Amendment of Pleadings — Omission of Material Facts by Former Counsel
Where a party's former lawyers omitted material facts from pleadings, the court will grant leave to amend to include those facts, particularly where the amendment will enable the court to fully and finally determine all questions in controversy and avoid multiplicity of suits.

Legislation cited (3)

Cases cited (5)

  • Okidi v Fina Bank (U) Ltd (Miscellaneous Application No. 90 of 2013)
  • Molowoza Brothers Ltd v N. Shah & Co. Ltd (Supreme Court Civil Appeal No. 26 of 2010)
  • Gaso Transport Services (Bus) Ltd v Obene (1990-1994) EA 88
  • Eastern Bakery v Castelinov (1958) EA 451
  • Ssewagudde v Namatovu (High Court Miscellaneous Application No. 1307 of 2016)

Full judgment

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

Kamudda v FX Mubuuke (Miscellaneous Application No. 230 of 2022) [2023] UGHCCD 119 (28 April 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.