Wakilii

Kironde v Murungi and 2 Others (Miscellaneous Application No. 1783 of 2021)

High Court · [2022] UGHCLD 141 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend plaint arising from Civil Suit No. 97 of 2016
Decision
Application granted; applicant given 14 days to file and serve amended plaint

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the applicant leave to amend his plaint, finding that the proposed amendments did not substitute one distinct cause of action for another or introduce a new cause of action. The court held that the amendments would enable it to fully determine all questions in controversy and avoid multiplicity of suits. The application was brought in good faith and would not occasion injustice to the respondents.

Outcome

Application granted; applicant given 14 days to file and serve amended plaint

Facts

The applicant instituted Civil Suit No. 97 of 2016 against the respondents seeking a declaration that powers of attorney executed between the 1st and 2nd respondents in respect of land comprised in Kyaddondo Block 98 Plot 379 were null and void on grounds of fraud. In drafting the plaint, the applicant's lawyers indicated the land purchase occurred on 18 March 2014, but upon reviewing the 1st respondent's written statement of defence and further interviewing the applicant, it was established that the agreement was executed on 3 February 2014. The plaint also omitted material facts regarding the purchase price (UGX 60,000,000) and part payment (UGX 1,500,000), leaving an outstanding balance of UGX 58,500,000. The applicant sought to amend the plaint to correct these factual errors and include additional prayers for the court to declare him lawful owner of the suit land and order the 3rd respondent to unconditionally release the certificate of title.

Issues

  1. Whether the applicant should be granted leave to amend his plaint in Civil Suit No. 97 of 2016.

Orders

  • Application granted.
  • The applicant shall file and serve the amended plaint within 14 days from the date of delivery of this ruling.
  • No orders as to costs.

Rules and key headnotes

Amendment of Pleadings — Principles Governing Exercise of Discretion
The court may at any stage of proceedings allow either party to amend their 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, provided the amendment does not substitute one distinct cause of action for another, is not made in bad faith, and does not occasion injustice to the other party that cannot be compensated by damages.
Amendment of Pleadings — Correction of Factual Errors
Where a lawyer has wrongly stated material facts or omitted material facts in drafting pleadings, and the applicant establishes by affidavit evidence that the proposed amendments correct these errors without introducing a new cause of action, the court will grant leave to amend to enable full and final determination of all questions in controversy and avoid multiplicity of suits.

Legislation cited (3)

Cases cited (4)

  • Geso Transport Services (Bus) Ltd v Obene (1990-1994) EA 88
  • Mulowooza & Brothers Ltd v Shah & Co Ltd (Supreme Court Civil Appeal No. 26 of 2010)
  • Ushang Limited v Airtel Uganda & American Tower Co Ltd (Miscellaneous Application No. 1930 of 2021)
  • Okello Wilbert v Obel Robert (Miscellaneous Application No. 97 of 2020)

Full judgment

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

Kironde_v_Murungi_and_2_Others_(Miscellaneous_Application_No._1783_of_2021)_[2022]_UGHCLD_141_(30_June_2022)
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.