Ssengooba & 6 Others v Stanbic Bank (U) Limited & 7 Others (Miscellaneous Application 952 of 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted the applicants leave to amend their plaint in a pending land fraud suit and to add four defendants, holding that amendments should be freely allowed where they determine the real questions in controversy and do not occasion injustice. The court applied Order 6 rule 19 and Order 1 rule 10(2) of the Civil Procedure Rules, ruling that the proposed amendments—adding particulars of fraud, annexures, and prayers for mesne profits and aggravated damages—were necessary for complete adjudication. The addition of the current registered proprietor and auctioneers was necessary to avoid multiplicity of suits and effectually resolve all questions.

Outcome

Leave granted to amend plaint and add parties in ongoing civil suit

Facts

The applicants filed Civil Suit No. 473 of 2016 (transferred and recorded as Civil Suit No. 52 of 2023) alleging that by a Memorandum of Understanding dated 24 June 2008, the 1st applicant temporarily surrendered his registered interest in land at Munyonyo (Kyadondo Block 255, Plot 255) to the 2nd and 3rd defendants to process a loan from the 1st defendant bank, with title to be returned after two years and a post-dated cheque of UGX 200,000,000 guaranteed against default. The suit alleged fraudulent conduct by the defendants in selling the property. Seven years after filing, the applicants sought to amend the plaint to add further particulars of fraud discovered subsequently (including that the 2nd respondent had an unpaid loan with the 1st respondent at the time of the MOU, used different sets of names, and had been involved in other land fraud cases), to add the current registered owner Jack Nsubuga and the auctioneers Armstrong Ltd and its directors, to annex water and electricity bills proving occupation, and to add prayers for mesne profits and aggravated damages. The respondents did not oppose the application.

Issues

1. Whether the Applicants should be granted leave to amend their plaint in Civil Suit No. 52 of 2023?
2. What remedies are available to the parties?

Orders

• The Applicants are granted leave to add Jack Nsubuga, Armstrong Ltd, Anthony Mupere and Felix Tusiime as the 9th, 10th, 11th and 12th Defendants in High Court Civil Suit No.52 of 2023.
• The Applicants are granted leave to amend their plaint by adding the particulars of fraud as sought together with the respective annexures.
• The Applicants are granted leave to amend their plaint by adding mesne profits and compensatory/aggravated damages among the prayers sought by the Plaintiffs.
• The Applicants shall file and serve the amended plaint to all the Defendants within seven (7) days from the date of this Ruling.
• The added four Defendants should file and serve their written statements of defence within fifteen (15) days after receipt of the amended plaint and a rejoinder to be filed within seven (7) days after receipt of the written statements of defence.
• Costs of this application shall be in the cause.

Rules and key headnotes

Legislation cited (11)

• Civil Procedure Act Cap. 71 s.98
• Civil Procedure Rules SI 71-1 Order 1 rule 3
• Civil Procedure Rules SI 71-1 Order 1 rule 10(2)
• Civil Procedure Rules SI 71-1 Order 6 rule 19
• Civil Procedure Rules SI 71-1 Order 6 rule 31
• Civil Procedure Rules SI 71-1 Order 15 rule 5(1)
• Evidence Act Cap. 6 s.101
• Evidence Act Cap. 6 s.102
• Evidence Act Cap. 6 s.103
• Evidence Act Cap. 6 s.104
• Judicature Act Cap. 13 s.33

Cases cited (12)

• Serefaco Consultants Ltd v Euro Consult BV and Another (Court of Appeal Civil Appeal No. 16 of 2007)
• William Akankwasa v Registrar of Titles (High Court Miscellaneous Application No. 33 of 2008)
• Oriental Insurance Brokers Ltd v Transocean (U) Limited (Supreme Court Civil Appeal No. 55 of 1995)
• Gaso Transport Services (Bus) Ltd v Martin Adala Obene (Supreme Court Civil Appeal No. 4 of 1994)
• Lea Associates Ltd v Bunga Hill House Ltd (High Court Civil Suit No. 348 of 2008)
• Eastern Bakery v Castellino [1958] 1 EA 461
• Kololo Curing Co. Ltd v West Mengo Co-op Union Ltd [1981] HCB 60
• Yahaya Kariisa v Attorney General & Anor (Supreme Court Civil Appeal No. 7 of 1994)
• Departed Asians Property Custodian Board v Jaffer Brothers Ltd (Supreme Court Civil Appeal No. 9 of 1998)
• Amon v Raphael Tuck & Sons Ltd [1956] 1 All ER
• Sarah Nyakato v Lin Jeng Liang aka Lin Jeff and 5 Others (Miscellaneous Application No. 316 of 2022)
• Johnson Akol Omunyokol v The Attorney General of the Republic of Uganda (East African Court of Justice Application No. 3 of 2016)

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