Wakilii

Uganda Authority v Dott Services (Ltd) & Anor (Miscellaneous Application No. 343 of 2019)

High Court · [2019] UGCOMMC 31 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enlargement of time and leave to amend plaint in pending civil suit arising from construction contract dispute
Decision
Application granted with conditions as to costs and timelines for filing amended pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application for enlargement of time and leave to amend the plaint. The applicant's explanation that documents necessary to particularize fraud allegations had been discovered in its archives after restructuring and staff changes provided sufficient grounds for the amendment. The amendment was necessary to determine the real questions in controversy between the parties — whether fraud had been committed in approving and claiming prolongation costs. No prejudice would be caused to the respondents that could not be compensated by costs.

Outcome

Application granted with conditions as to costs and timelines for filing amended pleadings

Facts

Uganda National Roads Authority (applicant) contracted Dott Services Ltd (1st respondent) to construct the Tororo-Soroti road and appointed Professional Engineering Consultants (2nd respondent) as project consultant. During construction there were delays, and the 1st respondent claimed UGX 29,858,532,071 as prolongation costs for delayed commencement. The 2nd respondent reviewed and approved a reduced claim of UGX 29,858,532,068, which the applicant paid. The applicant subsequently alleged that both respondents colluded to make a fraudulent claim. The applicant filed Civil Suit No. 650 of 2016 with particulars of fraud. In November 2018, the applicant sought leave to amend the plaint (Misc. App. 934/2018), which was granted in January 2019. The applicant filed an amended plaint removing most fraud allegations and relying on negligence instead. A scheduling conference was held on 26 February 2019. On 7 May 2019 (two days before the scheduled hearing), the applicant filed the present application seeking enlargement of time and leave to amend again to reintroduce particulars of fraud, claiming that documents necessary to prove fraud had been discovered in its archives on 24 March 2019 following restructuring and staff changes.

Issues

  1. Whether the applicant should be granted enlargement of time to file an application for leave to amend the plaint after the scheduling conference had been held.
  2. Whether the applicant should be granted leave to amend the plaint to reintroduce particulars of fraud that had been removed in an earlier amendment.
  3. Whether the application constituted an abuse of court process.

Orders

  • Application granted.
  • Applicant granted enlargement of time to file application for leave to amend plaint.
  • Applicant granted leave to amend the plaint in Civil Suit No. 650 of 2016.
  • Applicant to pay costs of the application to the respondents within 10 days from date of taxation.
  • Respondents to file bills of costs within 10 days from date of ruling.
  • Applicant to file amended plaint within 5 days from date of ruling, subject to being struck off in event of default.
  • Respondents to file written statement of defence (if any) within 15 days of service of amended plaint.
  • Reply to defence (if any) to be filed within 7 days from service of defence.

Rules and key headnotes

Civil Procedure — Amendments — Leave to Amend Pleadings — Discovery of New Information — Relevance to Real Controversy
Under Order 6 rule 19 of the Civil Procedure Rules, the court may at any stage of proceedings allow a party to amend 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 — Amendments — Discovery of Documents in Party's Own Possession — Effect of Organisational Restructuring
Where a party seeks to amend pleadings on grounds that relevant documents in its own possession were not accessible due to organisational restructuring, staff changes, and departure of consultants, such difficulties constitute sufficient grounds for granting enlargement of time and leave to amend, provided the application is made in good faith and no malafide is shown.
Civil Procedure — Amendments — Abuse of Process — Multiple Applications — Good Faith
A party who files multiple applications seeking the same or similar relief may be held to commit abuse of court process unless sufficient grounds are shown. However, where a party seeks to reintroduce particulars of fraud previously removed due to inability to locate supporting documents, and those documents have subsequently been found, the application is made in good faith and does not constitute abuse of process.
Civil Procedure — Amendments — Prejudice to Opposing Party — Compensation by Costs
Leave to amend should normally be granted unless the applicant exhibits malafide or seeks to introduce matters that would not assist in settlement of the suit. Any inconvenience or prejudice occasioned to the opposing party by the amendment can be sufficiently compensated by an award of costs and appropriate conditions as to timelines for filing amended pleadings.

Legislation cited (1)

  • Civil Procedure Rules O.6 r.19

Full judgment

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Uganda Authority v Dott Services (Ltd) & Anor (Miscellaneous Application No. 343 of 2019) [2019] UGCommC 31 (27 September 2019)
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.