Wakilii

Nyanzi Sam v Daisy Lwanga Namirembe (Miscellaneous Application 3123 of 2023)

High Court · [2024] UGHC 31 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out amended plaint arising from civil suit in Land Division
Decision
Amended plaint struck out as improper

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a plaintiff files a reply to a written statement of defence, the plaintiff relinquishes the right to amend the plaint without leave of court under Order 6 rule 20 of the Civil Procedure Rules. Any subsequent pleading after the reply, including an amended plaint, must be filed with leave of court pursuant to Order 8 rule 18(2). The amended plaint filed without leave was struck out as irregular and improper.

Outcome

Amended plaint struck out as improper

Facts

The respondent instituted Civil Suit No. 926 of 2023 on 17 August 2023. The applicant filed a written statement of defence on 6 September 2023. The respondent filed a reply to the written statement of defence on 18 September 2023, and then filed an amended plaint on 27 September 2023 without seeking leave of court. The applicant challenged the amended plaint as improper, arguing that the respondent had not obtained leave of court to file it. The respondent contended that the amended plaint was filed within prescribed timelines and that fresh summons had been issued extending the time to amend.

Issues

  1. Whether the amended plaint filed on 27 September 2023 should be struck out for being improperly before court.
  2. What remedies are available to the parties.

Orders

  • Application allowed.
  • Amended plaint filed on 27 September 2023 struck out.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Right to Amend Without Leave — Effect of Filing Reply
A plaintiff who files a reply to a written statement of defence relinquishes the right to amend the plaint without leave of court under Order 6 rule 20 of the Civil Procedure Rules, notwithstanding that the time limits in that rule have not expired.
Civil Procedure — Amendment of Pleadings — Subsequent Pleadings After Reply
Under Order 8 rule 18(2) of the Civil Procedure Rules, no pleading subsequent to the reply shall be filed without leave of court, and an amended plaint filed after a reply constitutes a subsequent pleading requiring leave.
Civil Procedure — Amendment of Pleadings — Timelines and Options
A plaintiff may amend the plaint once without leave within twenty-one days from the date of issue of summons or within fourteen days from the filing of the written statement of defence, but this is an option which, once not exercised, cannot be revived after filing a reply.

Legislation cited (9)

Cases cited (2)

  • Sarah Nyakato v Lin Jeng Liang aka Lin Jeff (Miscellaneous Application No. 316 of 2022)
  • Gaso Transport Services Limited v Marti 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.

Nyanzi Sam v Daisy Lwanga Namirembe (Miscellaneous Application 3123 of 2023) [2024] UGHC 31 (13 February 2024)
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.