Wakilii

Kijjambu v Wamala Growers Co-operatives (Labour Dispute Claim 31 of 2015)

Industrial Court · [2018] UGIC 21 · 2018 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection in labour dispute claim transferred from High Court
Decision
Preliminary objection dismissed; matter to proceed to hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that rephrasing and re-paragraphing pleadings to comply with Industrial Court procedural rules, without altering substantive content or meaning, does not constitute an amendment requiring leave under Order 6 Rule 19 CPR. Changes amounting only to correction of typing errors or reconstruction of sentences and paragraphs that do not change meaning are not amendments within the rule.

Outcome

Preliminary objection dismissed; matter to proceed to hearing on merits

Facts

The claimant sued the respondent in the High Court. The matter was subsequently transferred to the Industrial Court. Upon transfer, both parties were required under Rule 5 of the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules 2012 to file their pleadings by memorandum. The respondent converted its written statement of defense into a memorandum in reply, in the process rephrasing and re-paragraphing the content. The claimant raised a preliminary objection, alleging that the respondent had amended its defense without seeking leave of Court under Order 6 Rule 19 of the Civil Procedure Rules, and sought to have paragraphs 2, 3, 6(a)-(e), and 7 of the response expunged on grounds they introduced new matter not pleaded in the original defense.

Issues

  1. Whether the respondent amended its written statement of defense without seeking leave of Court under Order 6 Rule 19 of the Civil Procedure Rules.
  2. Whether rephrasing and re-paragraphing pleadings without changing their substantive content constitutes an amendment requiring leave of Court.

Orders

  • Preliminary objection overruled.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Rephrasing Without Substantive Change
Rephrasing and re-paragraphing pleadings without altering their substantive content or meaning does not constitute an amendment requiring leave of Court under Order 6 Rule 19 of the Civil Procedure Rules.
Civil Procedure — Amendment of Pleadings — Scope of Order 6 Rule 19 CPR
Changes that amount only to correction of typing errors or reconstruction of sentences and paragraphs that do not change the meaning of pleadings are not amendments within the meaning of Order 6 Rule 19 of the Civil Procedure Rules.
Civil Procedure — Industrial Court Procedure — Conversion of Pleadings on Transfer
When a matter is transferred from the High Court to the Industrial Court, parties are required under Rule 5 of the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules 2012 to file pleadings by memorandum, and converting a written statement of defense to a memorandum in reply without substantive alteration does not require leave to amend.

Legislation cited (2)

Full judgment

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

Kijjambu_v_Wamala_Growers_Co-operatives_(Labour_Dispute_Claim_31_of_2015)_[2018]_UGIC_21_(19_January_2018)
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.