Wakilii

Mbanza & Anor v Stanbic Bank Uganda Ltd (Miscellaneous Application No. 448 of 2017)

High Court · [2017] UGCOMMC 98 · 2017 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend pleadings in underlying civil suit challenging mortgage validity
Decision
Application dismissed with costs to respondents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for leave to amend pleadings dismissed. The court held that the first applicant could not unilaterally apply to strike off the second applicant without the latter's own application. The applicants failed to attach the proposed amended plaint and did not identify in their affidavit the material facts allegedly discovered after filing. The application was misconceived and failed to meet the requirements for amendment of pleadings.

Outcome

Application dismissed with costs to respondents

Facts

The applicants filed Civil Suit No. 84 of 2017 against the respondents seeking nullification of a mortgage allegedly fraudulently obtained, as well as various heads of damages. On 26 May 2017, the applicants filed this application to amend their plaint. The grounds included that the second applicant had withdrawn and should be struck off, the fifth respondent should be struck off, and material facts not available at the time of filing had since come to light. The second applicant was named as a party to the application but filed no supporting affidavit. The proposed amended plaint, though referenced in the chamber summons, was not attached to the application.

Issues

  1. Whether the applicants satisfied the requirements for leave to amend pleadings.
  2. Whether the first applicant could unilaterally apply to strike off the second applicant from the record.
  3. Whether the application properly identified material facts discovered after filing that warranted amendment.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Amendment of Pleadings — Requirements for Leave to Amend
An application for leave to amend pleadings must be supported by the proposed amended plaint attached to the application and must identify in the supporting affidavit the material facts that allegedly warrant the amendment.
Amendment of Pleadings — Striking Off Parties
A plaintiff cannot unilaterally apply to strike off a co-plaintiff from the record; it is for the party seeking to be struck off to bring their own application, subject to the question of costs.
Withdrawal of Parties — Procedure under Order 25
Where a plaintiff seeks to remove a defendant from the record, the proper procedure is by way of withdrawal under Order 25 of the Civil Procedure Rules, in which case the plaintiff would be liable for costs.

Legislation cited (1)

  • Civil Procedure Rules O.25

Full judgment

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

Mbanza & Anor v Stanbic Bank Uganda Ltd (Miscellaneous Application No. 448 of 2017) [2017] UGCommC 98 (5 July 2017)
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.