Wakilii

Phakey v World Wide Agencies Ltd (Civil Appeal No. 25 of 1947)

East African Court of Appeal · [1948] EACA 1 · 1948 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from decision of H.M. Supreme Court of Kenya on motion to disallow amendment to plaint
Decision
Appeal dismissed; amendment to plaint upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that the name of the plaintiff is an integral part of the plaint and correction of a mistaken trading name to the correct legal name constitutes an amendment under Order VI Rule 19, not a substitution of parties. The justice of the case required allowing the amendment where the defendant was not misled and had filed a defence dealing with the claim. The Court emphasised that affidavits stating matters on information and belief must state the source of information and grounds for belief, failing which they are worthless as evidence.

Outcome

Appeal dismissed; amendment to plaint upheld

Facts

The respondents filed a plaint naming the plaintiff as 'Traders, Ltd.' claiming payment for goods sold and delivered and cash lent. The plaint was filed on 14 June 1947. It was discovered that no such company existed and the correct name was 'World Wide Agencies, Ltd., trading as Traders'. On 23 July 1947, the respondents delivered an amended plaint correcting the name under Order VI Rule 19. The defendant had filed a defence on 9 July 1947 contending the suit was a nullity but nevertheless pleading to the merits and claiming a set-off. On 25 July 1947, the defendant moved to disallow the amendment under Order VI Rule 21. The Supreme Court of Kenya dismissed the motion. The defendant appealed.

Issues

  1. Whether amendment of the plaint changing the plaintiff's name from 'Traders, Ltd.' to 'World Wide Agencies, Ltd., trading as Traders' was permissible under Order VI Rule 19 of the Civil Procedure Rules.
  2. Whether the justice of the case required disallowance of the amendment under Order VI Rule 21.
  3. Whether affidavits stating matters on information and belief must state the source of information and grounds for belief.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Name of Plaintiff — Order VI Rule 19
The name of the plaintiff forms an integral part of the plaint and correction of a mistaken trading name to the correct legal name of the plaintiff constitutes an amendment under Order VI Rule 19 of the Civil Procedure Rules, not a substitution of parties.
Civil Procedure — Amendment of Pleadings — Discretion to Disallow — Order VI Rule 21
Under Order VI Rule 21, a court must refuse to disallow an amendment unless satisfied that the justice of the case demands disallowance. Where a defendant was not misled by the error and filed a defence dealing with the merits, the justice of the case requires allowing the amendment.
Evidence — Affidavits — Information and Belief — Requirements
Where an affidavit states matters on information and belief, the source of that information and grounds for that belief must be stated. Affidavits failing to comply with this requirement are worthless and ought not to be received as evidence in any shape whatever.

Legislation cited (2)

Cases cited (1)

  • J. L. Young Manufacturing Co., Ltd. (1900) 2 Ch 753

Full judgment

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

Phakey v World Wide Agencies Ltd (Civil Appeal No. 25 of 1947) [1948] EACA 1 (1 January 1948)
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.