Wakilii

Uganda Petroleum Company Limited v Haji Kayongo (Civil Suit No. 504 of 1993)

High Court · [1994] UGHC 173 · 1994 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Oral application to amend pleadings during trial of a debt recovery action filed under summary procedure
Decision
Application to amend pleadings dismissed with costs to the defendant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court refused an oral application to amend pleadings to add a claim for damages after the plaintiff closed its case in a summary suit for debt recovery. The amendment would substantially change the character of the action and cause injustice to the defendant, as the plaintiff had not laid ground for damages in the pleadings and the defendant was granted leave to defend a debt claim only.

Outcome

Application to amend pleadings dismissed with costs to the defendant

Facts

The plaintiff company sued the defendant under summary procedure for recovery of Shs. 6,893,225 for petroleum products procured between 1992 and March 1993. The defendant was granted leave to appear and defend. After the plaintiff called three witnesses and closed its case, plaintiff's counsel made an oral application to amend the pleadings to include a prayer for damages. The plaintiff argued that the company had suffered more than the debt owed, including time spent in discussions and financial embarrassment. The defendant opposed, arguing that no grounds for damages had been pleaded and the amendment would not assist adjudication.

Issues

  1. Whether the court should grant the plaintiff's oral application to amend the pleadings to include a prayer for damages after the plaintiff had closed its case.

Orders

  • Application to amend the pleadings by inserting a prayer for damages rejected.
  • Costs awarded to the defendant.

Rules and key headnotes

Amendment of Pleadings — Oral Application — Timing
An oral application to amend pleadings may be permissible under Civil Procedure Rules Order 6 rule 18 read with rule 30 if it causes no injustice to the other party, notwithstanding that rule 30 provides that amendments should ordinarily be by chamber summons.
Amendment of Pleadings — Substantial Change of Character — Refusal
The court will refuse leave to amend pleadings where the amendment would substantially change the action into one of a substantially different character or would prejudice the rights of the other party.
Amendment of Pleadings — Summary Suits — Introduction of Unliquidated Claims
Where a plaintiff sues for a liquidated sum under summary procedure and does not lay ground for damages in the pleadings, an amendment after closing the plaintiff's case to introduce a claim for damages will be refused as it substantially changes the character of the action and causes injustice to the defendant who was granted leave to defend a debt claim only.

Legislation cited (4)

Cases cited (5)

  • D. Dodo limited Vs. G.S. Pindar Singh EA page 282
  • Evarist Fiugabi v Attorney General (1991) HCB 63
  • Kedi v Attorney General (1991) HCB 100
  • Colgigh vs Goscham 1891 ch 75,81
  • Weldon vs. Neal 1887 19 Q BP at page 594

Full judgment

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

Uganda Petroleum Company Limited v Haji Kayongo (Civil Suit No. 504 of 1993) [1994] UGHC 173 (1 June 1994)
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.