Wakilii

Kigozi v Barclays Bank of Uganda Ltd (Miscellaneous Application No. 66 of 2013)

High Court · [2013] UGHCLD 76 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file amended plaint, arising from Miscellaneous Application No. 687 of 2012 (arising from Civil Suit No. 121 of 2011)
Decision
Application granted with time extension and costs order against applicant

Observed later treatment

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Holding

The High Court granted the application for extension of time to file an amended plaint. The court held that amendments should be freely allowed where they do not occasion injustice to the opposite party and where any prejudice can be compensated by costs. The respondent failed to demonstrate actual prejudice, and the reasons for delay (demolition of buildings on suit property necessitating inclusion of additional claims, counsel's medical emergency, and procurement of filing fees) were not shown to be malafide. The court extended time by fourteen days with costs to the applicant in any event.

Outcome

Application granted with time extension and costs order against applicant

Facts

The applicant was the plaintiff in Civil Suit No. 121 of 2011. The court had previously granted leave to file an amended plaint with a limited time for filing. The applicant failed to file within the set time, which expired in October 2012. After the ruling granting leave, buildings on the suit property were demolished, necessitating inclusion of damages claims in the amended plaint. The applicant's counsel had a patient requiring urgent heart treatment abroad, requiring counsel to coordinate treatment and travel. The applicant also faced difficulty raising filing fees of UGX 473,100. The respondent bank opposed the application, arguing there were no filing fees payable on amendments, that other lawyers could have handled the matter, and that the bank had already sold the property to a third party purchaser.

Issues

  1. Whether the court should grant extension of time to file an amended plaint after expiration of the time period previously granted by the court.

Orders

  • Application granted.
  • Time within which to file the amended plaint extended by fourteen days from the date of this order.
  • Applicant to meet costs of this application in any event.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Extension of Time — Guiding Principles
Where leave has been granted to amend pleadings within a limited time but the party fails to do so within the set time, the court has wide discretion to extend time, but such discretion must be exercised judiciously considering: (a) whether the amendment would occasion injustice to the opposite party; (b) whether it is in the interest of avoiding multiplicity of suits; (c) whether it is made in good faith; and (d) whether it is expressly or impliedly prohibited by law.
Civil Procedure — Amendment of Pleadings — Liberal Approach — Absence of Prejudice
Amendments to pleadings should be freely allowed provided they are not made so late in the proceedings that it would be unjust to the opposite party, and there is no injustice if the other party can be compensated by costs.
Civil Procedure — Amendment of Pleadings — Purpose — Effective Determination of Disputes
The purpose of amending pleadings is to enable courts to finally, conclusively and effectually determine the issues in controversy between the parties, and not to curtail parties because of mistakes in the conduct of their cases, which can be atoned for by compensation through payment of costs, provided such mistakes are not obvious malafides or made intentionally.

Legislation cited (6)

Cases cited (4)

  • Orient Bank Ltd v Avi Enterprises Ltd (Miscellaneous Application No. 37 of 2013)
  • Eastern Bakery v Castellino (Court of Appeal No. 30 of 1958)
  • Gaso Transported Ltd v Martin Adala Obene (Supreme Court Civil Appeal No. 4 of 1994)
  • Wamayi v. Interfreight Forwarders (U) Ltd. [1990] II KALR 67

Full judgment

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

Kigozi v Barclays Bank of Uganda Ltd (Miscellaneous Application No. 66 of 2013) [2013] UGHCLD 76 (11 September 2013)
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.