Wakilii

St. Stephen Nursery Day and Boarding Primary School v Nakayima and 3 Others (Miscellaneous Application 1243 of 2022)

High Court · [2022] UGHCLD 261 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend written statement of defence and counter claim arising from Civil Suit No. 230 of 2008
Decision
Application granted with leave to amend written statement of defence within 15 days

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.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court granted leave to amend the written statement of defence and counter claim under Order 6 Rule 19 of the Civil Procedure Rules. The court found no prejudice to the respondent, no bad faith, and determined that the amendment would enable full determination of all questions in controversy, thereby avoiding multiplicity of actions. The application was unopposed as the respondent failed to file submissions.

Outcome

Application granted with leave to amend written statement of defence within 15 days

Facts

The Applicant sought leave to amend its written statement of defence and counter claim in Civil Suit No. 230 of 2008. The application was supported by an affidavit from Nyende Francis Kiiza, a Director of the Applicant company. The Applicant contended that new information had emerged regarding the respondent that was not disclosed in the original pleadings, including issues of fraud relating to property valued at 5 billion shillings. The Applicant argued that the amendment was necessary to address legal questions arising from a judgment and to enable the court to determine the real questions affecting the suit property. The respondent was represented by counsel but failed to file written submissions by the court-directed deadline, and the application proceeded unopposed.

Issues

  1. Whether the Applicant has shown grounds to be granted leave to amend his written statement of defence in the main suit

Orders

  • The Applicant is granted leave to amend his written statement of defence in Civil Suit No. 230 of 2008.
  • The Applicant shall file the amended written statement of defence within 15 days from the date of delivery of this Ruling.
  • The costs of this application shall abide the outcome of the main suit.

Rules and key headnotes

Amendment of Pleadings — Discretion of Court — Order 6 Rule 19 CPR
Under Order 6 Rule 19 of the Civil Procedure Rules, the court may at any stage of proceedings allow a party to amend their pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
Amendment of Pleadings — Principles Governing Exercise of Discretion
Amendments to pleadings should be allowed by courts so that the real question in controversy between the parties is determined and justice is administered without undue regard to technicalities, provided the amendment does not work an injustice to the other side, avoids multiplicity of proceedings, is not made malafide, and is not prohibited by law.
Amendment of Pleadings — Substitution of Cause of Action
The court shall not exercise its discretion to allow an amendment which has the effect of substituting one distinctive cause of action for another.

Legislation cited (3)

Cases cited (3)

  • Gasa Transport Services (Bus) Ltd v Obene (1990-1994) EA 88
  • Mulowoozu & Brothers Ltd v Shah & Co. Ltd (Supreme Court Civil Appeal No. 26 of 2010)
  • Nicholas Serunkuma Ssewugudde and 2 Others v Namasole Namusoke Namatovu Veronica (High Court Miscellaneous Application No. 1307 of 2016)

Full judgment

↓ Download PDF

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

St._Stephen_Nursery_Day_and_Boarding_Primary_School_v_Nakayima_and_3_Others_(Miscellaneous_Application_1243_of_2022)_[2022]_UGHCLD_261_(31_October_2022)
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.