Wakilii

Tibesigwa n v Bwebare (HCT-01-LD-MA-0018-2025)

High Court · [2025] UGHC 710 · 2025 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend memorandum of appeal in pending civil appeal from Chief Magistrate's Court
Decision
Application granted conditionally with costs to the respondent; applicant to file compliant amended memorandum within 14 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted conditional leave to amend a memorandum of appeal, finding that while the applicant's substantive grounds for amendment were valid, the proposed amended grounds violated procedural requirements by being argumentative and narrative rather than concise. The court held that amendments should be allowed to ensure all real questions in controversy are determined, but must comply with Order 43 Rule 1(2) of the Civil Procedure Rules. The applicant was ordered to file a properly formatted amended memorandum within 14 days and to bear the costs of the application.

Outcome

Application granted conditionally with costs to the respondent; applicant to file compliant amended memorandum within 14 days

Facts

The applicant was a plaintiff in a land suit before the Chief Magistrate's Court of Kamwenge, which was dismissed on 22 March 2024. He filed a civil appeal on 18 April 2024 with four grounds of appeal. Upon receiving the record of proceedings on 15 May 2024, he discovered that the trial court had not considered local council court proceedings. In February 2025, he filed this application seeking leave to amend his memorandum of appeal to include an additional ground addressing this omission. The respondent opposed, citing delay (from May 2024 to February 2025), alleged bad faith, and procedural deficiencies in the proposed amended memorandum. The applicant explained the delay as resulting from misplaced court documents and subsequent advice to refile.

Issues

  1. Whether the Applicant should be granted leave to amend the Memorandum of Appeal in Civil Appeal No. 16 of 2024.
  2. What remedies are available to the parties?

Orders

  • The Applicant, Tibesigwa Nkurunungi John, is hereby granted leave to amend the Memorandum of Appeal in Civil Appeal No. 16 of 2024.
  • The Applicant shall file a fresh, properly formatted, and fully compliant Amended Memorandum of Appeal within 14 days from the date of delivery of this Ruling.
  • Costs of this Application shall be borne by the Applicant and paid to the Respondent.

Rules and key headnotes

Civil Procedure — Amendments — Memorandum of Appeal — Principles for Granting Leave
Leave to amend a memorandum of appeal should be granted where the amendment is necessary to determine the real questions in controversy, does not cause irreparable injustice to the other party, is not made in bad faith, and is not prohibited by law, with any compensable prejudice being remedied by costs.
Civil Procedure — Grounds of Appeal — Formulation Requirements — Order 43 Rule 1(2)
Grounds of appeal must be concise, non-argumentative, and free of narrative, setting forth the alleged error without evaluative averments, inferences, or characterizations that suggest a desired conclusion; phrases such as 'hence arriving at an erroneous decision' or 'hence occasioning a miscarriage of justice' render grounds argumentative and non-compliant with Order 43 Rule 1(2) of the Civil Procedure Rules.
Civil Procedure — Amendments — Conditional Grant of Leave
Where the substantive basis for an amendment is valid but the proposed amended pleading contains procedural defects, the court may grant conditional leave requiring the party to rectify the deficiencies before the amendment takes effect, thereby balancing substantive justice with procedural compliance.
Civil Procedure — Delay — Effect on Amendment Applications
Delay in filing an application for amendment is rarely an absolute bar where the delay is explained and no irreparable prejudice results; administrative challenges such as misplaced court documents may constitute a plausible explanation mitigating accusations of deliberate dilatory conduct.
Civil Procedure — Costs — Amendment Applications
Where an application for leave to amend is granted but the applicant's proposed amended document contained significant procedural deficiencies successfully identified by the respondent, costs may be awarded to the respondent as a compensatory measure and to reinforce the importance of compliance with procedural rules.

Legislation cited (8)

Cases cited (10)

  • Cropper v Smith (1883) 26 Ch D 700
  • Gaso Transport Services (Bus) Ltd v Martin Adala Obone (SCCCA No. 4 of 1994)
  • Pascal Rwakahanda v Uganda Posts & Telecommunications Corporation (M.A No. 484 of 2014)
  • Plessey (Pty) Limited v Mutoni Construction Ltd (M.A No. 178 of 2011)
  • Banya Tonny v Opio Charles (Civil Appeal No. 0036 of 2018)
  • Celtel Uganda T/A Zain Uganda v Karungi Suzan (Civil Appeal No. 0073 of 2013)
  • Tickten Francis & Chelimo Nelson Kaprokuto v The Electoral Commission & 2 Ors (HC T-04-CV-EP-0001 of 2012)
  • Makula International Ltd v Cardinal Nsubuga (1992) HCB 11
  • Eastern Bakery v Colonial Produce Ltd [1959] EA 18
  • Mabale Growers Tea Factory Limited v Bamyamooti (Civil Appeal 37 of 2023) [2024] UGHC 844

Full judgment

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

Tibesigwa n v Bwebare (HCT-01-LD-MA-0018-2025) [2025] UGHC 710 (19 August 2025)
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.