Wakilii

Kasozi Jand Another v Registered Trustees of Kampala Archdiocese [2025] UGHC 452

High Court · 2025 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 file counterclaim out of time in consolidated civil suits
Decision
Application granted with leave to amend pleadings and file counterclaim out of time

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

The High Court granted leave to amend the Written Statement of Defence and file a counterclaim out of time. The court held that although some proposed amendments repeated existing pleadings, the applicants had the right to amend to capture all pertinent issues for trial. The amendments did not work injustice that could not be compensated by costs, would avoid multiplicity of suits, and did not introduce a new cause of action. Costs were to abide the outcome of the main suit.

Outcome

Application granted with leave to amend pleadings and file counterclaim out of time

Facts

The applicants sought leave to amend their Written Statement of Defence and file a counterclaim out of time in consolidated civil suits concerning land ownership. The applicants claimed they were misguided by their former lawyers who omitted important facts, and that failure to amend would result in a miscarriage of justice. The respondent opposed, arguing that the proposed amendments were already pleaded in the amended Written Statement of Defence filed on 14 June 2019, and that some amendments contradicted earlier pleadings. The applicants had previously amended their defence once before.

Issues

  1. Whether the application has disclosed sufficient cause for the amendment of the Written Statement of Defence in the Consolidated Suit?

Orders

  • Application allowed.
  • Leave granted to amend Written Statement of Defence.
  • Leave granted to file counterclaim out of time.
  • Costs to abide the outcome of the suit.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Principles Governing Leave to Amend
A court may allow amendment of pleadings at any stage in such manner and on such terms as may be just, provided the amendment does not work an injustice to the other side that cannot be compensated by costs, avoids multiplicity of proceedings, is not made mala fide, is not prohibited by law, and does not substantially change the cause of action.
Civil Procedure — Amendment of Pleadings — Compensation by Costs
An injury to the opposing party caused by amendment of pleadings which can be compensated by an award of costs is not treated as an injustice that would bar the amendment.
Civil Procedure — Counterclaim — Filing Out of Time
A counterclaim should be filed with the Written Statement of Defence within 15 days from receipt of summons. Where not filed within time, it may be filed after an application for enlargement of time under Order 51 Rule 6 of the Civil Procedure Rules and after good cause is shown.

Legislation cited (3)

Cases cited (6)

  • Namusisi Yozefina v David Kikaawa (Misc. Application No. 1595 of 2018)
  • Lubowa Gyaviiro and Others v Makerere University (HCMA No. 471 of 2009)
  • Gaso Transport Services Ltd v Martin Adala Obene (SCCA No. 4 of 1994)
  • Namugenyi Margrate Ntabazi and Another v Nambi Stella and 4 Others (Misc. Application No. 468 of 2016)
  • James Busonga v Victory Christian Center (Misc. Application No. 466 of 2024)
  • Dr. Wasswa Joseph Matovu v Makerere University and 2 Others (SCCA No. 11 of 2021)

Full judgment

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

Kasozi Jand Another v Registered Trustees of Kampala Archdiocese 2025 UGHC 452 (23 June 2025)
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.