Master Managers & Traders Ltd & Anor v Popat
Master Managers & Traders Ltd & Anor v Popat (Miscellaneous Application No. 580 of 2021) [2022] UGCommC 51 (29 July 2022)
The court found that the proposed amendment to include particulars of fraud would introduce a new cause of action not present in the original plaint, which is impermissible under the law and established principles. The Applicants failed to demonstrate that the omission of fraud was a mistake of counsel that should be excused, as there was no evidence of such mistake relating to the fraud claim. Article 126(2)(e) of the Constitution does not override substantive legal requirements. However, the court determined that the 2nd Applicant, as a party to the Memorandum of Understanding and with inte…
Source excerpt
- Amendment Of Pleadings
- Joinder Of Parties
- Particulars Of Fraud
- Corporate Shareholder Rights