Wakilii

Okeny Charles v Olum John and Others (Miscellaneous Application 9 of 2025)

High Court · [2025] UGHC 1282 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend memorandum of appeal arising from civil appeal pending before the High Court
Decision
Leave granted to amend memorandum of appeal; applicant to file amended memorandum by 19 November 2025

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Court has discretion under section 98 of the Civil Procedure Act to allow amendment of a memorandum of appeal where the original ground is too generalised to constitute a determinable ground of appeal. The interests of justice favour allowing amendment to resolve substantive controversies over land ownership rather than striking out the appeal on a technicality, notwithstanding the advanced stage of proceedings.

Outcome

Leave granted to amend memorandum of appeal; applicant to file amended memorandum by 19 November 2025

Facts

The applicant had filed a civil appeal in July 2018 against a trial magistrate's judgment finding the respondents in adverse possession of twelve acres of land. The memorandum of appeal contained only one generalised ground challenging the trial magistrate's evaluation of evidence. By 2022 both parties had filed written submissions and the appeal was fixed for oral highlights in 2025. In February 2025, having retained new counsel, the applicant sought leave to amend the memorandum of appeal on grounds that the original ground was too general and violated legal requirements. The respondents opposed the application, arguing it was filed in bad faith to delay disposal of the appeal at an advanced stage.

Issues

  1. Whether sufficient cause is established for the Court to exercise its discretion to grant leave to the Applicant to amend the Memorandum of Appeal.

Orders

  • Miscellaneous Application No. 09/2025 is granted.
  • The Applicant shall file his amended Memorandum of Appeal on or before 19th November 2025.
  • The Applicant shall bear the costs of this belatedly filed Application.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Memorandum of Appeal — Discretion to Allow Amendment
The Court has discretion under section 98 of the Civil Procedure Act to allow amendment of a memorandum of appeal even at an advanced stage of proceedings where the original ground is so generalised that it does not constitute a determinable ground of appeal.
Civil Procedure — Amendment of Pleadings — Principles Governing Exercise of Discretion
In allowing an amendment to a memorandum of appeal, the Court must give due consideration to whether the proposed grounds add value to the considerations that would arise by way of appeal, as opposed to being frivolous, malafide, or occasioning prejudice to the other party.
Civil Procedure — Amendment of Pleadings — Balancing Prejudice and Interests of Justice
Where a memorandum of appeal contains only a generalised ground that imperils the entire appeal, the greater prejudice lies in leaving unresolved substantive controversies rather than in allowing amendment at a late stage, and the interests of justice favour permitting the amendment.

Legislation cited (5)

Cases cited (6)

  • Eastern Bakery v Castelino [1958] EA 461
  • Mulowooza & Brothers v N. Shah and Co. Ltd (Supreme Court Civil Appeal No. 26 of 2010)
  • Uhuru Highway Ltd v Central Bank of Kenya [2003] 1 EA 314
  • Mujungu Jennifer K. v Tumwine Anne Mary & The Electoral Commission (EPA (CA) No. 77 of 2021)
  • National Insurance Corporation v Pelican Air Services (CACA No. 15 of 2003)
  • Musisi Gabriel v Edco Ltd & Another (Miscellaneous Application No. 386 of 2013)

Full judgment

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

Okeny Charles v Olum John and Others (Miscellaneous Application 9 of 2025) [2025] UGHC 1282 (11 November 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.