Wakilii

Odomoch v Jinja District Local Government (MISCELLANEOUS APPLICATION No. 49 OF 2017)

High Court · [2018] UGHCCD 128 · 2018 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend notice of motion and affidavit in judicial review proceedings
Decision
Leave granted to amend notice of motion and affidavit in the underlying judicial review application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that leave to amend should be granted where the amendment enables the court to properly determine the real questions in controversy between the parties and does not prejudice the respondent. The contested factual dispute regarding the date of receipt of a transfer letter should be tested during the main judicial review hearing, not resolved at the amendment stage. Application granted with costs.

Outcome

Leave granted to amend notice of motion and affidavit in the underlying judicial review application

Facts

The applicant filed a judicial review application (Miscellaneous Cause No. 39 of 2016) against Jinja District Local Government. When the matter came for hearing, applicant's counsel sought to orally amend the notice of motion and affidavit. The respondent objected, requiring a formal application. The applicant then filed this formal application seeking to amend paragraph (d) of the grounds in the notice of motion and paragraphs 3 and 11 of the supporting affidavit, claiming typographical errors. The respondent opposed only the amendment to paragraph 11, which concerned the date the applicant received a transfer letter. The original affidavit stated receipt on 27 May 2016; the applicant sought to change this to 17 June 2016. The respondent claimed the applicant received the letter on 2 June 2016 and again on 16 June 2016, but never on 17 June 2016, and alleged the amendment was in bad faith.

Issues

  1. Whether the applicant should be granted unconditional leave to amend her application for judicial review and accompanying affidavit.

Orders

  • Application for amendment granted.
  • Costs awarded to the applicant.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Principles Governing Grant of Leave
The court may allow amendment of pleadings at any stage of proceedings on such terms as may be just, provided the amendment does not work injustice to the other side that cannot be compensated by costs, avoids multiplicity of proceedings, is not made mala fide, and is not expressly or impliedly prohibited by law.
Civil Procedure — Amendment Before Hearing — Liberal Approach
Amendments to pleadings sought before the hearing should be freely allowed if they conform to the established principles governing amendments.
Civil Procedure — Amendment — Contested Facts to be Tested at Trial
Where the subject matter of a proposed amendment involves contested facts between the parties, leave to amend should be granted so that those facts can be properly tested during the hearing of the main application, rather than being resolved at the interlocutory amendment stage.

Legislation cited (3)

Cases cited (2)

  • Gaso Transport Services (Bus) Ltd v Obene (1990-1994) EA 88
  • Eastern Bakery v Castelino [1958] EA 461

Full judgment

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

Odomoch v Jinja District Local Government (MISCELLANEOUS APPLICATION No. 49 OF 2017) [2018] UGHCCD 128 (15 August 2018)
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.