Wakilii

Kawere Gerald Salongo and Others v Bulega Muhamadbunkede and Others (Miscellaneous Application 2965 of 2023)

High Court · [2023] UGHCLD 484 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend counterclaim in ongoing civil suit
Decision
Leave granted to amend counterclaim with directions for further conduct of the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the affidavit complied with the Oaths Act as it was signed in the presence of the commissioner for oaths. The court found that the alleged subdivision of the suit land and other issues raised matters requiring investigation in the main suit. Leave was granted to amend the counterclaim to add three counter defendants to enable the court to investigate all circumstances relating to alleged subdivision and avoid multiplicity of suits.

Outcome

Leave granted to amend counterclaim with directions for further conduct of the main suit

Facts

The applicants were counter claimants in Civil Suit No. 367 of 2017 concerning land comprised in Kyadondo Block 82 Plots 494 and 495, claiming the estate of the late Chrizestom Nganda was the equitable owner. On 28 September 2023, while preparing for the main suit hearing, the applicants discovered that plot 495 had allegedly been subdivided into plots 3782 and 3783, with plot 3782 further subdivided into plots 8285 and 8286. They also discovered that Maker Paul had allegedly erected a perimeter wall on the suit land while a temporary injunction was in place, and that plot 3782 was registered in the name of Tayebwa Denis. The applicants sought to add these three parties as counter defendants. The respondents opposed the application, raising preliminary objections that the supporting affidavit violated the Oaths Act and was veiled with falsehoods.

Issues

  1. Whether the affidavit in support of the application complied with the Oaths Act and the Illiterate Persons Protection Act.
  2. Whether the affidavit in support was veiled with falsehoods and misconceived.
  3. Whether the applicants should be granted leave to amend their counterclaim to add the Commissioner for Land Registration, Maker Paul and Tayebwa Denis as counter defendants.

Orders

  • Application allowed.
  • Applicants granted leave to amend their counterclaim to add Tayebwa Denis, Maker Paul and the Commissioner Land Registration as counter defendants.
  • Applicants to file amended counterclaim not later than 3rd November 2023.
  • Amended counterclaim to be served on all counter defendants not later than 10th November 2023.
  • Counter defendants to file responses not later than 1st December 2023.
  • Parties to prepare, sign and file joint scheduling memorandum and trial bundles not later than 15th December 2023.
  • Suit set down for marking of exhibits on 15th February 2024 at midday.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Compliance with Oaths Act Requirements
An affidavit complies with Section 6 of the Oaths Act where it is signed in the presence of the commissioner for oaths, notwithstanding that the deponent may have stated in cross-examination that the commissioner prepared the affidavit, where the pleadings show the affidavit was drawn by the applicant's counsel who shares the same office building with the commissioner.
Civil Procedure — Amendment of Pleadings — Principles Governing Amendment
Under Order 6 rule 19 of the Civil Procedure Rules, the court may at any stage of proceedings allow a party to amend pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for determining the real questions in controversy between the parties.
Civil Procedure — Amendment of Pleadings — Adding Parties to Counterclaim
Leave to amend a counterclaim to add parties will be granted where the proposed amendment raises issues requiring investigation, the applicant has adduced prima facie evidence supporting the need for amendment, and the amendment will enable the court to resolve all subsisting issues between parties and avoid multiplicity of suits, provided the respondents are given time to reply to the amended pleadings.

Legislation cited (7)

Cases cited (1)

  • Gaso Transporters Services Ltd v Martin Adala Obene (Supreme Court Civil Appeal No. 4 of 1994)

Full judgment

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

Kawere_Gerald_Salongo_and_Others_v_Bulega_Muhamadbunkede_and_Others_(Miscellaneous_Application_2965_of_2023)_[2023]_UGHCLD_484_(30_October_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.