Wakilii

Mubiru t/a Grand Auctioneers and Court Bailiffs v Ayeyo and Another (Miscellaneous Application No. 381 of 2021)

High Court · [2023] UGHCCD 63 · 2023 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 arising from civil suit for illegal eviction and related claims
Decision
Application granted with leave to amend pleadings within 14 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted leave to amend the written statement of defence to reflect that the respondents had collected their property from the applicant after the original pleadings were filed. The court held that the amendment was necessary to determine the real questions in controversy, did not prejudice the respondents, and would help avoid multiplicity of cases.

Outcome

Application granted with leave to amend pleadings within 14 days

Facts

The respondents instituted Civil Suit No. 498 of 2019 against the applicant and others for illegal eviction, breach of tenancy agreement, wrongful attachment and execution, and related claims. On 10 December 2019, the applicant filed a written statement of defence admitting possession of the respondents' property as listed in an inventory. On 17 December 2019, the first respondent collected some items from the applicant. On 27 November 2020, the respondents collected the remaining property and acknowledged receipt on the inventory. On 14 May 2021, the applicant filed this application seeking leave to amend his written statement of defence to include the averment that the plaintiffs had taken all their property from him on 27 November 2020. The respondent opposed the application, arguing it was brought late, in bad faith, and intended to cause delay.

Issues

  1. Whether the application for leave to amend pleadings is tenable in the circumstances of the case.
  2. What remedies are available to the parties.

Orders

  • Application allowed.
  • Applicant granted leave to amend his written statement of defence.
  • Applicant to file amended written statement of defence within 14 days from the date of this ruling.
  • Costs to stay in the cause.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Principles for Granting Leave
The court may allow amendment of pleadings at any stage of proceedings where the amendment is necessary to determine the real questions in controversy between the parties, does not prejudice the other party, and helps avoid multiplicity of cases.
Civil Procedure — Amendment of Pleadings — Supervening Events
Where facts change after pleadings are filed due to supervening events, leave to amend should be granted to reflect the changed circumstances if the amendment is necessary to determine the real issues and does not cause injustice to the other party.

Legislation cited (4)

Cases cited (3)

  • Talikuta v Nakendo (1979) HCB 276
  • Eastern Bakery v Castellina (1958) EA 462
  • Gaso Transport v Adala Obene (Supreme Court Civil Appeal No. 4 of 1994)

Full judgment

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

Mubiru t_a Grand Auctioneers and Court Bailiffs v Ayeyo and Another (Miscellaneous Application No. 381 of 2021) [2023] UGHCCD 63 (15 March 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.