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Wamala Realty Limited v G7 Prime Limited (Miscellaneous Application No. 2162 of 2025)

High Court · [2025] UGCOMMC 424 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend written statement of defence and add counterclaim in ongoing civil suit
Decision
Application granted with directions for filing amended pleadings

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 to add salient facts and include a counterclaim. The court held that despite inordinate delay, the amendment was necessary to determine all issues in controversy and avoid multiplicity of suits. The fact that an amendment introduces a new cause of action is not grounds for refusal. Any prejudice to the respondent could be compensated by costs. The applicant was ordered to file the amended pleading within fifteen days.

Outcome

Application granted with directions for filing amended pleadings

Facts

The Respondent filed Civil Suit No. 670 of 2023 on 21 July 2023 claiming the Applicant owed UGX 373,318,112 for construction works. The Applicant filed its written statement of defence on 18 August 2023. The Applicant's current lawyers took over conduct of the matter on 29 April 2025 from M/s MSN Advocates. On 24 September 2025, the Applicant filed this application seeking leave to amend its defence to add salient facts about the construction contract and include a counterclaim for UGX 350,000,000 for breach of contract and substandard work. The Respondent opposed the application as being filed two years late and in bad faith. The Respondent itself had filed Miscellaneous Application No. 2474 of 2025 on 1 November 2025 seeking to add six parties and amend the plaint.

Issues

  1. Whether the Applicant should be granted leave to amend its written statement of defence in Civil Suit No. 670 of 2023?
  2. What remedies are available to the parties?

Orders

  • The Applicant is granted leave to amend the written statement of defence in Civil Suit No. 670 of 2023 by adding the omitted salient facts and including the counterclaim.
  • The Applicant shall file and serve its amended written statement of defence and counterclaim within fifteen (15) days from the date of this Ruling.
  • The Respondent shall file and serve its reply to the amended written statement of defence and counterclaim within fifteen (15) days from the date of receipt of the amended written statement of defence and the counterclaim.
  • Costs of the application shall be in the cause.

Rules and key headnotes

Civil Procedure — Amendment of Pleadings — Discretion of Court
The court has discretionary power under Order 6 rule 19 of the Civil Procedure Rules to allow amendment of pleadings at any stage of proceedings to determine the real questions in controversy between the parties.
Civil Procedure — Amendment of Pleadings — Introduction of New Cause of Action
The fact that an amendment may introduce a new cause of action is not a ground for refusing it, provided the amendment does not substitute one cause of action for another or change an action into one of a substantially different character.
Civil Procedure — Amendment of Pleadings — Delay and Bad Faith
Although delay in seeking to amend pleadings gives rise to an inference of bad faith, it does not bar an amendment. The court must balance the delay against the need to determine all issues in controversy and avoid multiplicity of suits.
Civil Procedure — Amendment of Pleadings — Addition of Counterclaim
Leave to amend a written statement of defence to add a counterclaim should be granted in the spirit of determining all issues in controversy and avoiding multiplicity of suits, even where the counterclaim introduces new claims not previously pleaded.
Civil Procedure — Amendment of Pleadings — Prejudice and Compensation
An amendment should not work an injustice on the other side, but an injury that can be compensated for by way of costs is not treated as an injustice.

Legislation cited (5)

Cases cited (11)

  • Oriental Insurance Brokers Limited v Transocean (U) Limited (Supreme Court Civil Appeal No. 55 of 1995)
  • Gaso Transport Services (Bus) Ltd v Martin Adala Obene (Supreme Court Civil Appeal No. 4 of 1994)
  • Namusisi Yozefina v David Kikaawa (High Court Miscellaneous Application No. 1595 of 2018)
  • Kayinga Gerald v Muwanga Livingstone & Others (Civil Suit No. 59 of 2025)
  • Nabugabo Updeal JV v Bin IT Services Limited (High Court Miscellaneous Application No. 297 of 2018)
  • Kasozi Joseph & Another v The Registered Trustees of Kampala Archdiocese (High Court Miscellaneous Application No. 905 of 2021)
  • Eastern Bakery v Castelino [1958] 1 EA 461
  • N. Ashah & Co. Ltd v Mulowooza & Brother Ltd & Another (Court of Appeal Civil Appeal No. 57 of 2009)
  • Kensville Ltd v Nakaibale Victoria (High Court Miscellaneous Application No. 197 of 2023)
  • Mukalazi Samuel Bulukusa v Nansubuga Hanifah (High Court Miscellaneous Application No. 126 of 2025)
  • Phoenix of Uganda Assurance Co. Ltd v Kuti Investments Ltd & Another (High Court Miscellaneous Application No. 679 of 2023)

Full judgment

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

Wamala Realty Limited v G7 Prime Limited (Miscellaneous Application No. 2162 of 2025) [2025] UGCommC 424 (20 November 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.