Wakilii

Sebaggala v UMEME Limited (MISCELLENOUS APPLICANT EDT 5 of 2016)

Tribunal · [2016] UGEDT 3 · 2016 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend complaint arising from Complaint No. EDT/06 of 2014
Decision
Application to amend complaint granted with directions for filing of amended pleadings and witness statements

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Electricity Disputes Tribunal allowed the application to amend the complaint. The tribunal held that the proposed amendments did not introduce a new cause of action but merely provided further and better particulars of the original complaint. The failure to underline amendments was not fatal where it did not cause confusion or injustice to the respondent. The tribunal applied Article 126(2)(e) of the Constitution and section 111(4) of the Electricity Act 1999, which require substantive justice to be administered without undue regard to procedural technicalities.

Outcome

Application to amend complaint granted with directions for filing of amended pleadings and witness statements

Facts

The applicant, Muhammed Sebaggala, filed a complaint against UMEME Limited in 2014 concerning alleged wrongful disconnection of power, fraudulent billing, and other electricity supply disputes. The complaint was initially filed in the name of Nalubwama's Building, later amended to reflect Musisi David Maseruka as attorney for Sebaggala. A first amended complaint was filed on 9 December 2015. In April 2016, new counsel took over conduct of the matter and sought to further amend the complaint. The respondent opposed the application on grounds that the draft amendment failed to underline proposed changes, introduced new causes of action (fraud and negligence with claims for compensation), and was brought with inordinate delay.

Issues

  1. Whether the applicant should be granted leave to amend Complaint No. EDT/06 of 2014.
  2. Whether the proposed amendments introduce a new cause of action.
  3. Whether the failure to underline amendments in the draft complaint causes confusion or injustice.
  4. Whether there was inordinate delay in bringing the application to amend.

Orders

  • The complainant's application No. 005 of 2016 to amend Complaint No. EDT/06 of 2014 is allowed.
  • The complainant is given 5 (five) days from the date of this ruling to file and serve his amended complaint.
  • The Respondent shall have 7 (seven) days in which to file and serve its response.
  • The complainant shall if necessary file his rejoinder in 3 (three) days.
  • The parties shall thereafter file witness statements by 4th November 2016 and the case will be heard at a date to be determined by the tribunal.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Principles Governing Exercise of Discretion
Courts and tribunals have discretion to allow amendments necessary for determining the real matter in controversy between the parties. The exercise of this discretion must be judicial and guided by principles that amendments should not work injustice to the other side, should avoid multiplicity of suits, must not be made mala fide, and must not be prohibited by law.
Civil Procedure — Amendment of Pleadings — New Cause of Action
An amendment that provides further and better particulars of an existing complaint without introducing new facts or issues does not introduce a new cause of action and does not change the substance and character of the original claim.
Civil Procedure — Amendment of Pleadings — Underlining of Amendments
The requirement to underline additions to pleadings on amendment is a rule of practice, not cast in stone. Whether failure to underline will cause injustice depends on the circumstances of each case. Where the failure to underline does not cause confusion or injustice to the opposite party, the amendment should not be refused on that ground alone.
Administrative Law — Electricity Disputes Tribunal — Procedural Flexibility
The Electricity Disputes Tribunal is mandated by section 111(4) of the Electricity Act 1999 to conduct its proceedings without procedural technicality while observing the rules of natural justice. Rule 40 of the Electricity Disputes Tribunal (Procedure) Rules 2012 empowers the tribunal to waive any rules or procedural requirements in the resolution of complaints and disputes.
Civil Procedure — Substantive Justice — Constitutional Principle
Article 126(2)(e) of the Constitution requires that substantive justice be administered without undue regard to technicalities. Procedure is the handmaiden of justice, not its master, and should facilitate rather than obstruct legal rights.

Legislation cited (9)

Cases cited (8)

  • GASP Transport Services (Bus) Ltd v Obura [1990-94] 1 EA 88
  • OKIDI Misc App. No.90/2016
  • Pascal Rwakahanda v UPTC (High Court Civil Suit No. 484 of 2014)
  • Matagale Vincent v URA (Miscellaneous Application No. 025 of 2013)
  • Musisi Kiwanuka Vs. Asha C.A. 14
  • Pless (TTY) Ltd v Mutoni Construction Ltd (Miscellaneous Application No. 178 of 2011)
  • Kandal v Hamilton [1878] 4 AC 504
  • Cropper v Smith [1883] 26 Ch D 700

Full judgment

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

Sebaggala v UMEME Limited (MISCELLENOUS APPLICANT EDT 5 of 2016) [2016] UGEDT 3 (28 September 2016)
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.