Wakilii

St. Stephen Nursery Day & Boarding Primary Schoolv Sarah Nakayima and Others (Miscellaneous Application 1243 of 2022)

High Court · [2022] UGHCLD 333 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for leave to amend written statement of defence and counterclaim in pending civil suit
Decision
Leave to amend granted; applicant to file amended pleadings within 15 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted leave to amend the written statement of defence and counterclaim 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

Leave to amend granted; applicant to file amended pleadings within 15 days

Facts

The Applicant, St. Stephen Nursery Day & Boarding Primary School, sought leave to amend its written statement of defence and counterclaim 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 legal questions arose from a judgment against the respondent that was not disclosed in the respondent's pleadings. The suit property was valued at 5 billion shillings and involved issues of fraud not pleaded by either party. The applicant argued that refusing the amendment would cause multiplicity of cases and that the amendment would not prejudice the respondent. The respondent was represented at the hearing but failed to file written submissions as directed by the court.

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

Civil Procedure — 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 determining the real questions in controversy between the parties.
Civil Procedure — Amendment of Pleadings — Principles Governing Exercise of Discretion
Amendments to pleadings should be allowed 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.
Civil Procedure — 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

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

St._Stephen_Nursery_Day_&_Boarding_Primary_Schoolv_Sarah_Nakayima_and_Others_(Miscellaneous_Application_1243_of_2022)_[2022]_UGHCLD_333_(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.