Wakilii

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

High Court · [2024] UGHCLD 39 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out amended plaint filed in underlying land suit
Decision
Amended plaint struck out

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

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 filed after the reply, including an amended plaint, requires leave of Court under Order 8 rule 18(2). The amended plaint filed without leave after the reply was irregular and improperly before Court, and was struck out.

Outcome

Amended plaint struck out

Facts

The Respondent instituted Civil Suit No. 926 of 2023 on 17th August 2023. The Applicant filed a written statement of defence on 6th September 2023. The Respondent filed a reply to the written statement of defence on 18th September 2023, and then filed an amended plaint on 27th September 2023 without seeking leave of Court. The Applicant brought this application seeking to strike out the amended plaint on grounds that it was improperly filed. The Respondent argued that the amended plaint was filed within the time permitted by law, particularly after fresh summons were issued on 17th October 2023 and after a second defendant filed defence on 28th October 2023.

Issues

  1. Whether the amended plaint filed on the 27th day of September 2023 should be struck out for being improperly before this Honourable Court?
  2. What remedies are available to the parties?

Orders

  • Application allowed.
  • Amended plaint filed on 27th 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
Where a plaintiff files a reply to a written statement of defence under Order 8 rule 18(1) of the Civil Procedure Rules, the plaintiff relinquishes the right to amend the plaint without leave of Court under Order 6 rule 20, and any subsequent pleading filed after the reply requires leave of Court under Order 8 rule 18(2).
Civil Procedure — Amendment of Pleadings — Time Limits Under Order 6 Rule 20
Under Order 6 rule 20 of the Civil Procedure Rules, a plaintiff may amend the plaint once without leave within twenty-one days from the date of issue of summons to the defendant or, where a written statement of defence is filed, within fourteen days from the filing of the written statement of defence or the last of such written statements, but this right must be exercised before filing a reply to the defence.
Civil Procedure — Striking Out Pleadings — Pleading Filed Without Leave
An amended plaint filed without leave of Court after the plaintiff has filed a reply to the written statement of defence is irregular and improper before Court and liable to be struck out.

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]_UGHCLD_39_(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.