Wakilii

Sserufusa v Bamwite Edward (Advocates) & 9 Ors (Misc. Application No. 0236 of 2014)

High Court · [2018] UGHCLD 13 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for leave to amend plaint and add more respondents arising from civil suit
Decision
Application for leave to amend plaint dismissed with costs to 3rd Respondent

Observed later treatment

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Holding

Application for leave to amend plaint and add more respondents dismissed. The court held that the proposed amendments drastically altered the original cause of action by introducing new detailed facts and allegations not part of the original plaint. The applicant failed to articulate the purpose of the amendments and the proposed amendments materially changed the subject matter of the suit contrary to established principles governing amendments.

Outcome

Application for leave to amend plaint dismissed with costs to 3rd Respondent

Facts

The applicant filed an application seeking leave to amend the plaint in Civil Suit No. 122 of 2013 and add more respondents under Order 6 rule 20 and Order 1 rule 10(4) of the Civil Procedure Rules. The applicant, representing himself, argued the amendment would not cause injustice as it only sought to add parties who allegedly participated in orchestrating frauds on the suit land comprised in Block 10, Kibuga Kyadondo Plot 224, Sentamu Road, Mengo Namirembe. Counsel for the 3rd Respondent opposed the application, arguing it was irregular, incompetent, disclosed no cause of action, and the supporting affidavit was silent on grounds for the application. The court examined both the original plaint and the proposed amended plaint.

Issues

  1. Whether the applicant's proposed amendments to the plaint should be allowed under Order 6 rule 19 of the Civil Procedure Rules.

Orders

  • Application dismissed.
  • Costs awarded to the 3rd Respondent.

Rules and key headnotes

Civil Procedure — Amendments — Discretion of Court — Principles Governing Leave to Amend
Amendments may be allowed at any stage of proceedings to enable parties determine the real questions in controversy, but the court exercises discretion considering whether the amendment works injustice on the other side, is brought in bad faith, aims to avoid multiplicity of proceedings, is not prohibited by law, and has been brought with expediency.
Civil Procedure — Amendments — Change of Cause of Action — Impermissible Amendment
The court should not allow an amendment which substitutes a distinctive cause of action for another or whose effect is to change by means of an amendment the subject matter of the suit.
Civil Procedure — Amendments — Duty to Articulate Purpose — Requirements for Valid Application
An applicant seeking leave to amend must enumerate the grounds upon which the application is premised and articulate the purpose of the amendment, explaining what effect the intended amendments will have on the cause of action.

Legislation cited (5)

Cases cited (4)

  • Gaso Transport Services Ltd v Martin Adala Obene (Supreme Court Civil Appeal No. 04 of 1994)
  • Eastern Bakery versus Castelino (1958) EA
  • Lubowa Gyaviira & Ors v Makerere University (High Court Misc. Application No. 471 of 2009)
  • Mulowooza & Brothers v Shah Ltd (Supreme Court Civil Appeal No. 26 of 2010)

Full judgment

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

Sserufusa_v_Bamwite_Edward_(Advocates)_&_9_Ors_(Misc._Application_No._0236_of_2014)_[2018]_UGHCLD_13_(30_January_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.