Wakilii

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

High Court · [2023] UGHCLD 108 · 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 claimed he 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. Upon engaging new counsel (M/s Praxlex Advocates), the applicant was advised that the original defence omitted material facts fundamental to his case and that amendment was necessary to include a counterclaim. No affidavit in reply was filed by the respondent, rendering the application unopposed.

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 under Order 6 Rule 19
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, provided the amendment is not expressly or impliedly prohibited by law, does not substitute one distinct cause of action for another, is made in good faith, and will not occasion injustice to the opposite party.
Civil Procedure — Amendment of Pleadings — Omission of Material Facts by Former Counsel
Where a party's former lawyers omitted material facts and claims from pleadings, and new counsel advises that such facts ought to be included for just determination of the case, the court will grant leave to amend to enable full and final determination of 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_Mubuuke_(Miscellaneous_Application_No._230_of_2022)_[2023]_UGHCLD_108_(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.