Nathan Kashaija v Beatrice Kahangi (Administratrix of the estate of the late Emmanuel Kahangi)
Nathan Kashaija v Beatrice Kahangi (Administratrix of the estate of the late Emmanuel Kahangi) (Miscellaneous Application 458 of 2023) [2024] UGHC 19 (29 January 2024)
The court found that the proposed amendment relates to the same subject and cause of action as the original plaint, specifically the agreement dated 10th July 1984. The amendment adds particulars that will assist in determining the real controversy. The court held that the amendment would not cause injustice to the respondent, as the agreement was already referenced in the plaint, and there was no evidence of malafide intent or legal prohibition. The amendment serves the interests of justice and may reduce multiplicity of proceedings. Therefore, leave to amend is granted.
Source excerpt
- Amendment Of Pleadings
- Leave To Amend
- Cause Of Action Particulars
- Agreement Dispute