Wakilii

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

High Court · [1994] UGHC 13 · 1994 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Oral application by plaintiff to amend pleadings to add prayer for damages after close of plaintiff's evidence in summary suit for debt recovery
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

Held that the oral application to amend pleadings to add a prayer for damages after close of plaintiff's evidence was refused. Although oral amendments are permissible under Order 6 Rule 18 and Rule 30 of the Civil Procedure Rules where no injustice results, the amendment was rejected because it would substantially change the character of the action from a summary suit for a liquidated debt to a claim including unliquidated damages, and the plaintiff had laid no ground for damages in the original pleadings.

Outcome

Application to amend pleadings dismissed with costs to the defendant

Facts

Uganda Petroleum Company Ltd filed a suit under summary procedure claiming UGX 6,893,225 for petroleum products supplied to the defendant between 1992 and March 1993. The defendant was granted leave to appear and defend and filed a written statement of defence. After the plaintiff closed its case having called three witnesses, plaintiff's counsel made an oral application to amend the pleadings to include a prayer for general damages, claiming the company had suffered time and financial embarrassment beyond the debt owed. The defendant opposed the application on grounds that no basis for damages had been pleaded and that merely amending the prayers without grounding the claim in the pleadings was improper.

Issues

  1. Whether the plaintiff should be granted leave to orally amend its pleadings to add a prayer for general damages after the close of the plaintiff's evidence.

Orders

  • Application to amend the pleadings by inserting damages in the prayer is rejected.
  • Costs of the application awarded to the defendant.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Oral Applications — Permissibility
An oral application to amend pleadings during trial is permissible under Order 6 Rules 18 and 30 of the Civil Procedure Rules, as Rule 30 does not preclude the court from dealing with oral applications to amend in the course of hearing but provides that interlocutory applications under Order 6 Rule 18 shall be by summons in chambers rather than notice of motion.
Civil Procedure — Amendment of Pleadings — Grounds for Refusal — Change of Character of Action
The court will refuse leave to amend pleadings where the amendment would substantially change the action into one of a substantially different character or where the amendment would cause injustice to the other party.
Civil Procedure — Amendment of Pleadings — Summary Suits — Addition of Unliquidated Claims
Where a plaintiff sues for a liquidated sum under summary procedure and lays no ground for damages in the pleadings, an application to amend after close of evidence to add a prayer for general damages will be refused as it substantially changes the character of the action and causes injustice to the defendant.

Legislation cited (4)

Cases cited (5)

  • D.D. Baw Limited v G.S. Dider Singh (1961) EA 282
  • Evarist Mugabi vs. Attorney General 1981 HCB page 65
  • Kedi vs. Attorney General 1991 (HCB) page 100
  • Lolgigh vs. Goscham 1891 ch 73,81
  • Weldon vs. Neal 1887 19 QBD at page 394

Full judgment

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

Uganda Petroleum Company v Haji Kayongo (Civil Suit No.504 of 1993) [1994] UGHC 13 (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.