Wakilii

Kate Trading & Supplies Limited v Emadu & 4 Others (Miscellaneous Application 165 of 2024)

High Court · [2024] UGCOMMC 190 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend plaint and add party in ongoing civil suit
Decision
Application allowed; applicant may amend plaint and add new defendant to underlying suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that Order 11A Rule 6 of the Civil Procedure Rules is directory not mandatory and the suit had not abated merely because summons for directions was not taken out within 28 days. The court granted leave to amend the plaint to add a new defendant even though the amendment introduced a new cause of action, finding that amendments are not barred by law, no injustice would be caused to the respondent, and allowing the amendment would prevent multiplicity of suits.

Outcome

Application allowed; applicant may amend plaint and add new defendant to underlying suit

Facts

The Applicant Kate Trading & Supplies Ltd was the registered proprietor of a Toyota Hilux Registration No UBK 635J. The Applicant alleged the vehicle was fraudulently mortgaged and transferred to the 2nd, 4th and 5th Respondents. At the time of filing Civil Suit No. 568 of 2023, the vehicle was registered in the names of the 5th Respondent, Goldmine Finance Ltd. Subsequently, new facts emerged showing that the 5th Respondent had transferred ownership of the vehicle to Aggrey Kanyomozi in June 2023, before the 5th Respondent became aware of the suit in July 2023. The Applicant sought to amend the plaint to add Aggrey Kanyomozi as the 6th Defendant. The 5th Respondent opposed on grounds that the main suit had abated because summons for directions was not taken out within 28 days of close of pleadings in September 2023, and that the amendment introduced a new cause of action and would prejudice the 5th Respondent.

Issues

  1. Whether the main suit Civil Suit No. 568 of 2023 is non-existent and has abated under Order 11A Rule 6 of the Civil Procedure Rules.
  2. Whether the Applicant should be granted leave to amend the Plaint in Civil Suit No. 568 of 2023 to add Aggrey Kanyomozi as the 6th Defendant.

Orders

  • Preliminary objection that the main suit is non-existent overruled.
  • Application for leave to amend the Plaint in Civil Suit No. 568 of 2023 allowed.
  • Applicant granted leave to add Aggrey Kanyomozi as the 6th Defendant.
  • Costs of the application to be in the cause.

Rules and key headnotes

Civil Procedure — Abatement of Suit — Order 11A Rule 6 — Directory versus Mandatory Provision
Order 11A Rule 6 of the Civil Procedure Rules which provides that a suit shall abate if the plaintiff does not take out summons for directions within 28 days from the date of the last reply is directory and not mandatory, and the court must satisfy itself that the decision to abate a suit is necessary before it is abated.
Civil Procedure — Amendment of Pleadings — Introduction of New Cause of Action
The Civil Procedure Rules do not bar introducing a new cause or causes of action through an amendment to a plaint, and such amendment may be allowed under Order 6 Rule 19.
Civil Procedure — Amendment of Pleadings — Principles for Granting Leave
Leave to amend pleadings should be granted where the amendment is sought before hearing, no injustice is caused to the other party that cannot be compensated by costs, the amendment does not prejudice the rights of the opposite party, the application is not malafide, and allowing the amendment would avoid multiplicity of proceedings.

Legislation cited (2)

Cases cited (4)

  • Seruwu Jude v Swangz Avenue Limited (Civil Appeal No. 39 of 2021)
  • Giaso Transport Services (Bus) Ltd v Obene (SCCA No. 4 of 1994)
  • Mulowooza & Brothers Ltd v Shah & Co Ltd (SCCA No. 26 of 2010)
  • Eastern Bakery versus Castelino Sir Kenneth O'Connor [1958]

Full judgment

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

Kate Trading & Supplies Limited v Emadu & 4 Others (Miscellaneous Application 165 of 2024) [2024] UGCommC 190 (21 June 2024)
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.