Wakilii

Kasaija and 254 Others v Kabakumba and 2 Others (Miscellaneous Application 164 of 2022)

High Court · [2023] UGHC 165 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for leave to amend counterclaim in pending civil suit
Decision
Application for leave to amend counterclaim dismissed; main suit to proceed on existing pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for leave to amend a counterclaim filed by 255 applicants. The court found that the application did not satisfy the requirements of Order 6 rule 19 of the Civil Procedure Rules or the principles governing amendments established in Gaso Transport Services Ltd v Martin Adala Obene.

Outcome

Application for leave to amend counterclaim dismissed; main suit to proceed on existing pleadings

Facts

The first respondent filed Civil Suit No. 62 of 2017 against 255 applicants. The parties filed trial bundles, witness statements, and a scheduling memorandum. When the matter was scheduled for hearing, the applicants filed two miscellaneous applications which were determined and dismissed. The applicants then brought this application seeking leave to amend their counterclaim, arguing that their new lawyers identified errors in the original counterclaim filed by their former lawyers. The applicants sought to particularize fraud allegations, correct spelling mistakes, reorganize numbering, abandon certain paragraphs, and add a prayer for general damages. The respondent opposed the application, arguing it was time-barred, introduced a new cause of action, and was aimed at frustrating the hearing of the main suit.

Issues

  1. Whether the application for leave to amend the counterclaim was filed and served within the prescribed time limits under the Civil Procedure Rules.
  2. Whether the proposed amendments satisfy the requirements of Order 6 rule 19 of the Civil Procedure Rules for granting leave to amend.

Orders

  • Application dismissed for lack of merit.
  • The hearing of the main suit to be fixed on the basis of the existing pleadings.
  • Each party to meet their own costs.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Principles for Granting Leave
Under Order 6 rule 19 of the Civil Procedure Rules, the court may at any stage of the proceedings allow either party to amend pleadings in such manner and on such terms as may be just, and such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
Civil Procedure — Amendment of Pleadings — Conditions for Allowing Amendment
Before allowing an amendment to pleadings, the court must consider whether: (a) the amendment will work an injustice to the other side; (b) the amendment will avoid multiplicity of proceedings; (c) the application is made mala fide; and (d) the amendment is expressly or impliedly prohibited by law.

Legislation cited (6)

Cases cited (6)

  • Eastern Bakery v Castelino (1958) EA 461
  • Mayanja Alfonso Roy v Nadduli Abdul (High Court Civil Suit No. 77 of 2017)
  • Gaso Transport Services Ltd v Martin Adala Obene (Supreme Court Civil Appeal No. 4 of 1994)
  • Edward Kabugo Sentongo v Bank of Baroda (High Court Miscellaneous Application No. 203 of 2007)
  • Eastern Bakery v Castelino (1958) EA 461
  • Lubowa Gyaviira and Others v Makerere University (High Court Miscellaneous Application No. 471 of 2009)

Full judgment

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

Kasaija and 254 Others v Kabakumba and 2 Others (Miscellaneous Application 164 of 2022) [2023] UGHC 165 (22 December 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.