Kiggundu v Iga (Misc. Application No. 1345 of 2018)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
An application for leave to amend a counterclaim was struck out where the applicant sought not to modify the pleading but merely to introduce a survey report he had omitted from the original counterclaim. The court held that such conduct did not constitute amendment within Order 6 rule 19 of the Civil Procedure Rules and amounted to an abuse of process.
Outcome
Application struck out with costs to the respondent
Facts
The applicant filed a written statement of defence and counterclaim in 2015 attaching a survey report by Luwandagga and Luwandagga Licensed Land Surveyors. The applicant later claimed that the author of the report had died and his office closed, making it impossible to present the report in court. The applicant instructed another firm which produced a similar report. He then applied for leave to amend the counterclaim to enable tabling of the new report. The respondent opposed the application, asserting that the original survey report had never been attached to the original counterclaim despite being mentioned, and that there was no proof of the surveyor's death or office closure.
Issues
- Whether the proposed changes to the counterclaim constitute an amendment within the meaning of Order 6 rule 19 of the Civil Procedure Rules.
- Whether the application was an abuse of the court process.
Orders
- Application struck out.
- Costs awarded to the respondent.
Rules and key headnotes
Legislation cited (5)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.