Wakilii

Meera Investments Ltd v National Water and Sewerage Corporation Ltd (Miscellaneous Application 2843 of 2023)

High Court · [2023] UGHCLD 472 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application to amend the plaint in civil suit arising from misdescription of subject property discovered during joint survey
Decision
Amendment application granted with directions for filing of amended pleadings and mention of the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an unopposed application to amend the plaint to correct a misdescription of the subject property discovered during a joint survey ordered by the court. The amendment changed the property description from LRV 4184 Folio 6 and LRV 4111 Folio 8 plot 880 Kampala to Freehold Register Volume 1285 Folio 24 plot M876 Industrial area.

Outcome

Amendment application granted with directions for filing of amended pleadings and mention of the main suit

Facts

The matter arose from Civil Suit No. 195 of 2015. The court had previously directed that the matter be referred to the Chief Government Valuer. During a joint survey conducted at the request of the Chief Government Valuer, surveyors for both parties discovered that there was a misdescription of the subject property in the plaint. The applicant filed the present application to amend the plaint to correct the error in the property description. Counsel for both parties agreed that the amendment was necessary to correct the misdescription.

Issues

  1. Whether the plaint should be amended to correct the misdescription of the subject property from LRV 4184 Folio 6 and LRV 4111 Folio 8 plot 880 Kampala to Freehold Register Volume 1285 Folio 24 plot M876 Industrial area.

Orders

  • Application for amendment of the plaint in Civil Suit No. 195 of 2015 granted to amend the description of the subject matter from LRV 4184 Folio 6 and LRV 4111 Folio 8 plot 880 Kampala to Freehold Register Volume 1285 Folio 24 plot M876 Industrial area.
  • Each party to bear their own costs.
  • Counsel for the plaintiff/applicant to effect the amendments by 13th October 2023.
  • Counsel for the respondent/defendant to file an amended written statement of defence by 30th October 2023.
  • Main suit to be mentioned on 25th January 2024 at 9.30am.
  • Earlier orders issued by the court on 30th April 2021 and endorsed by the registrar on 19th May 2021 remain in force.

Full judgment

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

Meera_Investments_Ltd_v_National_Water_and_Sewerage_Corporation_Ltd_(Miscellaneous_Application_2843_of_2023)_[2023]_UGHCLD_472_(4_October_2023)
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.