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Sseguya v Kagenyi and Another (Civil Miscellaneous Application No. 1560 of 2019) [2021] UGHCLD 171 (24 March 2021)
- Citation
- [2021] UGHCLD 171
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Land Division (Uganda)
- Panel
- Nkonge, J
- Case number
- Civil Miscellaneous Application No. 1560 of 2019
- Language
- English
More details
- Court
- HC: Land Division (Uganda)
- Panel
- Nkonge, J
- Case number
- Civil Miscellaneous Application No. 1560 of 2019
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application for leave to amend the plaint was uncontested, as the respondents were served and acknowledged service but did not file any reply. In accordance with Order 6 Rule 19 of the Civil Procedure Rules, leave to amend is granted where there is no opposition and no demonstrated prejudice. The court therefore granted the application and issued directions for service and subsequent pleadings. Costs were awarded in the cause, following standard practice for uncontested applications.
Court disposition
Application granted.
Orders
- Leave is granted to amend the plaint.
- Service of the amended plaint to be effected by 9/4/2021.
- Written Statement of Defence to be filed by 22/4/2021.
- Rejoinder to be filed by 29/4/2021.
- Parties to attempt mediation and update court.
- Costs in the cause.
02
Material facts
Parties
Sseguya Godfrey
ApplicantKagenyi Daniel
RespondentThe Commissioner Land Registration
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
04
Questions and positions
Legal issues
- 01
Whether the applicant should be granted leave to amend the plaint in Civil Suit No. 406/2019.
- 02
Whether costs should be awarded for the application.
Party arguments
- Applicant
- The applicant sought leave to amend the plaint in Civil Suit No. 406/2019 and requested costs of the application. The applicant complied with court directives to file written submissions and effected service on the respondents, who acknowledged receipt.
- Respondent
- The respondents did not file any reply or contest the application despite being served and acknowledging service.
05
Court’s reasoning
Legal principles
- 01
Order 6 Rule 19 of the Civil Procedure Rules (Uganda)
Leave to amend pleadings should be granted where the application is uncontested and there is no prejudice to the other party.
- 02
General practice under Ugandan civil procedure
Costs in uncontested applications are generally awarded in the cause.
06
Ratio, limits and disposition
Ratio decidendi
The application for leave to amend the plaint was uncontested, as the respondents were served and acknowledged service but did not file any reply. In accordance with Order 6 Rule 19 of the Civil Procedure Rules, leave to amend is granted where there is no opposition and no demonstrated prejudice. The court therefore granted the application and issued directions for service and subsequent pleadings. Costs were awarded in the cause, following standard practice for uncontested applications.
Court disposition
Application granted.
- Leave is granted to amend the plaint.
- Service of the amended plaint to be effected by 9/4/2021.
- Written Statement of Defence to be filed by 22/4/2021.
- Rejoinder to be filed by 29/4/2021.
- Parties to attempt mediation and update court.
- Costs in the cause.
Source and reliance status
HC: Land Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Land Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
LAND DIVISION
MISC. APPL. NO. 1560 OF 2019
SSEGUYA GODFREY ::::::::::::::::::::::::::::::::::::
VERSUS
1. KAGENYI DANIEL
2. THE COMMISSIONER LAND REGISTRATION ::::::::::::: RESPONDENT
24/3/2021
BEFORE: LADY JUSTICE ALEXANDRA NKONGE RUGADYA
RULING:
This is an application seeking leave to amend the plaint in Civil Suit No. $406/2019$ ; and for costs of the application.
Directives were made by this court on $12/10/2020$ for both sides to file written submissions together with the pleadings by $30/10/2020$ .
As per affidavit of service filed 28/10/2020., the defendants were served, acknowledged service but did not file any reply.
The application is therefore uncontested. I therefore grant it on the following terms:-
- 1. Leave is granted to amend the plaint; - 2. Service of the amended plaint to be effected by $9/4/2021$ ; - 3. WSD to be filed by $22/4/2021$ ; - 4. Rejoinder by $29/4/2021$ ; - 5. Parties to attempt mediation, and update court.
Costs in the cause.
Alexandra Nkonge Rugadya
JUDGE
$24/3/2021.$
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