Wakilii

Mukalazi Samuel Balukusa v Nansubuga Hanifah (Miscellaneous Application No. 126 of 2025)

High Court · [2025] UGHC 1118 · 2025 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 add counterclaim in pending civil suit
Decision
Leave granted to amend written statement of defence and add counterclaim

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the High Court has wide discretionary powers under Order 6 Rule 19 of the Civil Procedure Rules to permit amendment of pleadings at any stage. The court allowed the applicant to amend his written statement of defence and add a counterclaim, finding that denying the amendment would be unjust and lead to multiplicity of suits. The respondent would have opportunity to respond and would not be prejudiced.

Outcome

Leave granted to amend written statement of defence and add counterclaim

Facts

The applicant brought an application seeking leave to amend his written statement of defence in Civil Suit No. 120 of 2024 to include a counterclaim, substantiate his defence, and attach omitted annexures. The applicant stated he was unrepresented when filing the initial defence and omitted material facts and documents including transfer forms and sale agreements. The main suit concerned breach of contract relating to land, with the applicant claiming ownership of half an acre out of two acres in dispute. The respondent opposed the application, arguing that no draft amendment was attached, that a counterclaim cannot be added by amendment as it did not exist in the original defence, and that the application was brought after she had already filed witness statements and trial bundles.

Issues

  1. Whether the applicant should be granted leave to amend his written statement of defence?
  2. What remedies are available to the parties?

Orders

  • Application allowed.
  • The amendment should be filed within two weeks from the date of delivery of this ruling and served on the respondent immediately.
  • The respondent is given two weeks to respond to the amendment.
  • Each party will bear their own costs in this application.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Discretionary Power of Court
Under Order 6 Rule 19 of the Civil Procedure Rules, the High Court has wide discretionary powers to permit amendment of pleadings at any stage of the proceedings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
Civil Procedure — Amendment of Pleadings — Addition of Counterclaim
A counterclaim may be added by way of amendment to a written statement of defence even where no counterclaim existed in the original pleading, where allowing the amendment would avoid multiplicity of suits and the opposite party would have opportunity to respond without prejudice.
Civil Procedure — Amendment of Pleadings — Avoidance of Multiplicity of Suits
Denying a party leave to add a counterclaim by way of amendment where the claim arises from the same transaction would be unjust and unreasonable as it would call for multiplicity of suits, and courts should allow amendments that avoid such multiplicity.

Legislation cited (4)

Cases cited (4)

  • Gaso Transport Services (Bus) Ltd v Martin Adala Obene (SCCA No. 4 of 1994)
  • Nabugabo Updeal JV v Bin It Services Limited (Miscellaneous Application No. 297 of 2016)
  • Johnson Akol Omunyokol v Attorney General (Miscellaneous Application No. 3 of 2016)
  • Kibuuka Emmanuel & Another v Nanyanzi Margret & 3 Others (Miscellaneous Application No. 3745 of 2023)

Full judgment

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

Mukalazi Samuel Balukusa v Nansubuga Hanifah (Miscellaneous Application No. 126 of 2025) [2025] UGHC 1118 (10 October 2025)
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.