Kumaraki v Kumaraki (HCT-01-CV-MA-0092-2024)
Kumaraki v Kumaraki (HCT-01-CV-MA-0092-2024) [2025] UGHC 274 (25 April 2025)
The applicant's proposed amendment seeks to substitute the original cause of action of joint ownership with a new cause of action based on sole ownership, supported by materially different facts. The law prohibits amendments that introduce a distinct cause of action unrelated to the original pleading. The court found that the proposed amendment constitutes a complete shift in the factual and legal basis of the claim, which is impermissible under Ugandan civil procedure. As such, the application for leave to amend the plaint was dismissed. The court further held that, since the first element o…
Source excerpt
- Amendment Of Pleadings
- Cause Of Action
- Ownership Disputes
- Joinder Of Parties