Wakilii

Kasozi Matiya v Aliku Mohamed (Miscellaneous Application 120 of 2023)

High Court · [2023] UGHCLD 481 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal order of prior miscellaneous application and to reinstate appeal
Decision
Application dismissed on procedural grounds

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application dismissed for attempting to amend pleadings through an irregular document called an 'addendum' without following Order 6 Civil Procedure Rules. Court held that pleadings cannot be amended by filing an addendum and that the proper procedure for amendment must be followed. Additionally, the applicant improperly sought to reinstate an appeal without addressing the earlier dismissed application that had sought the same relief.

Outcome

Application dismissed on procedural grounds

Facts

The applicant filed Miscellaneous Application No. 120 of 2023 seeking to set aside orders dismissing MA 495 of 2021 and to reinstate the same. MA 495 of 2021 had been dismissed for want of prosecution on 13th May 2022. The applicant later filed a document styled as 'Addendum No. 1' on 17th November 2023 which sought instead to reinstate Civil Appeal No. 112 of 2019. The respondent objected that the addendum was an improper attempt to amend the pleadings without following the proper procedure under Order 6 of the Civil Procedure Rules. The applicant appeared through an attorney named Bukenya and claimed the error was made by Counsel Katongole who allegedly was mentally unwell. However, the application itself showed it was drawn by the applicant. M/S Ssengooba & Co. Advocates filed instructions to represent the applicant on 16th November 2023.

Issues

  1. Whether the applicant could amend his application by filing a document styled as an 'addendum' without following proper amendment procedures under the Civil Procedure Rules.
  2. Whether the application could be granted when it sought to reinstate Civil Appeal No. 112 of 2019 without first addressing the dismissal of Miscellaneous Application No. 495 of 2021 which had attempted the same reinstatement.

Orders

  • Miscellaneous Application No. 120 of 2023 dismissed for attempting to amend the application through an addendum document.
  • Each party to bear their own costs.

Rules and key headnotes

Amendment of Pleadings — Improper Procedure
Pleadings cannot be amended by filing a document styled as an 'addendum' outside the formal amendment procedures prescribed by Order 6 of the Civil Procedure Rules.
Reinstatement of Appeals — Sequential Applications
Where a prior application to reinstate an appeal has been dismissed for want of prosecution, a fresh application to reinstate the same appeal must first address the dismissal of the earlier application before seeking direct reinstatement of the original appeal.

Legislation cited (2)

Full judgment

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

Kasozi_Matiya_v_Aliku_Mohamed_(Miscellaneous_Application_120_of_2023)_[2023]_UGHCLD_481_(24_November_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.