Wakilii

Lumala v Kigozi & 3 Ors (Misc. Application No. 0119 of 2016)

High Court · [2018] UGHCLD 14 · 2018 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend written statement of defence and counterclaim arising from Civil Suit No. 119 of 2013
Decision
Leave to amend granted; matter to proceed to trial on amended pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted leave to amend the written statement of defence and counterclaim. The proposed amendments merely provided greater detail on matters already pleaded in the original defence and did not introduce a new cause of action, change the nature of the action, or prejudice the respondents. Amendments should be freely allowed where they enable the court to determine the real questions in controversy between the parties and where the opposing party can be compensated by costs.

Outcome

Leave to amend granted; matter to proceed to trial on amended pleadings

Facts

The applicant sought leave to amend his written statement of defence and counterclaim in Civil Suit No. 119 of 2013. The applicant averred that the proposed amendments would not prejudice the respondents. The 2nd respondent opposed the application, arguing that the applicant was relying on forged Letters of Administration and that the proposed amendments introduced new defences and new parties. The applicant's original defence had pleaded in general terms that he was the rightful beneficiary to the late Yosefu Makubuya, that the 1st plaintiff's Letters of Administration were fraudulently obtained and forged, and that he would counterclaim for their cancellation. The proposed amendments provided greater detail on these same allegations. Parties filed written submissions addressing the application.

Issues

  1. Whether the applicant should be granted leave to amend the written statement of defence and counterclaim.
  2. Whether the proposed amendments would prejudice the respondents.
  3. Whether the proposed amendments introduce new defences or a new cause of action.

Orders

  • Application granted.
  • The costs be in the cause.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Principles for Granting Leave
Under Order 6 Rule 19 of the Civil Procedure Rules and Section 100 of the Civil Procedure Act, the court may at any stage of proceedings allow a party to amend pleadings where such amendment is necessary for determining the real questions in controversy between the parties, provided the amendment does not work an injustice to the opposing party and any prejudice can be compensated by costs.
Civil Procedure — Amendment of Pleadings — Rejection Grounds
Leave to amend pleadings will be refused where the proposed amendment introduces a distinct new cause of action instead of the original, or where it would prejudice the rights of the respondent in a manner that cannot be compensated by costs, or where the party applying is acting mala fide.
Civil Procedure — Amendment of Pleadings — Provision of Greater Detail
An amendment that merely provides greater detail on matters already pleaded in the original pleadings, without introducing new parties or raising entirely new defences, does not constitute a change in the nature of the action and should ordinarily be allowed.

Legislation cited (3)

Cases cited (9)

  • Eastern Bakeries v Castellino (1958) EA 461
  • Mang Po Hnaung (1921) 48 IA 214
  • Haji Semakula Haruna v Stanbic Bank (U) Ltd (HCMA No. 642 of 2011)
  • General Manager EAR v H. Thiesten (1968) EA 354
  • Matico Store Ltd v James Mbabazi (HCCS No. 993 of 1993)
  • Gaso Transport Services Ltd v Martin Adala Obene (SCCA No. 4 of 1995)
  • Moss v Malings (1886) 33 CHD 603
  • Patel v Josin (1952) 19 EACA 42
  • Mulowooza & Brothers v N. Shah (SCCA No. 26 of 2010)

Full judgment

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

Lumala_v_Kigozi_&_3_Ors_(Misc._Application_No._0119_of_2016)_[2018]_UGHCLD_14_(9_February_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.