Uganda Case Law

Bethel Lunize Kigongo v Ssemwanga Joseph and Others (Misc. Application No. 1013 of 2024)

Bethel Lunize Kigongo v Ssemwanga Joseph and Others (Misc. Application No. 1013 of 2024) [2025] UGCommC 198 (30 June 2025)

Court

Commercial Court of Uganda

Case number

Misc. Application No. 1013 of 2024

Judge

Susan Odongo, J

The court found that the applicant demonstrated sufficient cause for leave to amend the plaint, as the original pleadings failed to adequately particularize allegations of fraud and illegality due to the negligence of former counsel. The court emphasized that amendments are permissible at any stage to ensure the real issues are determined, provided no injustice is occasioned to the other party, and any prejudice can be compensated by costs. The absence of any opposition or affidavit in reply from the respondents indicated no demonstrated prejudice. Regarding service, the court accepted the ap…

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• Amendment Of Pleadings
• Substituted Service
• Fraud In Land Disputes

Nanziri & 2 Others v Nakulule

Nanziri & 2 Others v Nakulule (Miscellaneous Application 365 of 2024) [2024] UGCommC 355 (24 September 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 365 of 2024

Judge

Anna B. Mugenyi, J

The High Court refused leave to amend a plaint after part of the claim against a bank was withdrawn, finding the proposed changes unnecessary and unlikely to aid determination of the real issues.

• Amendment Of Pleadings
• Withdrawal Of Party
• Fraud In Land Disputes
• Limitation Of Actions
• Amendment-of-pleadings
• Civil-procedure

Kibuuka & Another v Nanyanzi & 3 Others

Kibuuka & Another v Nanyanzi & 3 Others (Miscellaneous Application 3745 of 2023) [2024] UGHCLD 94 (4 April 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 3745 of 2023

Judge

Naluzze Aisha Batala, J

The High Court granted leave to amend a plaint in a land dispute, strike out a non-legal entity as defendant, and add new defendants.

• Amendment Of Pleadings
• Joinder And Removal Of Parties
• Res Judicata
• Fraud In Land Disputes
• Amendment-of-pleadings
• Joinder-of-parties

St. Stephen Nursery Day and Boarding Primary School v Nakayima and 3 Others

St. Stephen Nursery Day and Boarding Primary School v Nakayima and 3 Others (Miscellaneous Application 1243 of 2022) [2022] UGHCLD 261 (31 October 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 1243 of 2022

Judge

Asiimwe, J

The High Court granted leave to amend a written statement of defence and counterclaim, finding the proposed amendment necessary to determine the real issues and unlikely to prejudice the respondent.

• Amendment Of Pleadings
• Leave To Amend
• Multiplicity Of Suits
• Written Statement Of Defence
• Counter Claim
• Fraud In Land Disputes

Nsubuga Edward Senvewo and 9 others v Ngambwa Ruta

Nsubuga Edward Senvewo and 9 others v Ngambwa Ruta (Miscellaneous Application No. 702 of 2022) [2022] UGHCLD 181 (16 September 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 702 of 2022

Judge

Namanya, Ag. J

The High Court reinstated a consolidated land suit after dismissing it for want of prosecution, finding special circumstances and allowing inherent-jurisdiction relief.

• Dismissal For Want Of Prosecution
• Reinstatement Of Suit
• Inherent Jurisdiction
• Affidavit Evidence
• Fraud In Land Disputes
• Dismissal-for-want-of-prosecution

Elizabeth Kabera v Kasingirwa and 2 Others

Elizabeth Kabera v Kasingirwa and 2 Others (Civil Suit No. 514 of 2017) [2021] UGHCLD 47 (31 March 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 514 of 2017

Judge

Kazaarwe, J

The High Court held that a res judicata objection failed because the suit properties and fraud allegations could not be conclusively treated as identical without trial evidence.

• Res Judicata
• Preliminary Objection
• Fraud In Land Disputes
• Ownership Of Kibanja
• Res-judicata
• Preliminary-objection

Kabadaki & 4 Ors Vs Katumbura

Kabadaki & 4 Ors Vs Katumbura (MISCELLANEOUS APPLICATION NO. 0060 OF 2019) [2019] UGHCCD 273 (1 October 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 0060 OF 2019

Judge

Musene, J

The High Court allowed an application to amend a plaint, finding no prejudice to the respondent and preferring resolution of the real issues over technical objections.

• Amendment Of Pleadings
• Joinder Of Parties
• Limitation Periods
• Fraud In Land Disputes
• Amendment-of-pleadings
• Joinder-of-parties

Kapiriri v International Investments and 5 Others

Kapiriri v International Investments and 5 Others (Civil Application Number 0125 of 2015) [2018] UGCA 255 (23 February 2018)

Court

Court of Appeal of Uganda

Case number

Civil Application Number 0125 of 2015

Judge

Kakuru, JA

The Court of Appeal granted extension of time and leave to appeal against a High Court ruling refusing leave to amend a plaint in a land dispute.

• Extension Of Time
• Leave To Appeal
• Amendment Of Plaint
• Fraud In Land Disputes
• Extension-of-time
• Leave-to-appeal

Namugenyi & Anor v Nambi & 4 Ors

Namugenyi & Anor v Nambi & 4 Ors (Miscellaneous Application No. 468 of 2016) [2016] UGHCLD 85 (3 November 2016)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 468 of 2016

Judge

Namundi, J

The application for leave to amend the written statement of defence was dismissed because the intended counter claim introduced a new and unrelated cause of action, specifically a claim based on fraud and unparticularised expenses, which were neither supported by evidence nor featured in the original pleadings. The claims for expenses amounted to special damages, which require strict proof and particularisation, both of which were absent. Additionally, the applicant failed to establish her locus standi as guardian or administrator regarding the property in question. The amendment was found to…

Source excerpt

• Amendment Of Pleadings
• Counter Claims
• Special Damages
• Fraud In Land Disputes

Attorney General and Uganda Land Commission v James Mark Kamoga and Another

Attorney General and Uganda Land Commission v James Mark Kamoga and Another (Civil Appeal No. 8 of 2004) [2008] UGSC 35 (6 March 2008)

Court

Supreme Court of Uganda

Case number

Civil Appeal No. 8 of 2004

Judge

Odoki, CJ, Mulenga, JSC, J.W.N.Tsekooko, JSC, Kanyeihamba, JSC, Katureebe, JSC

The Supreme Court held that the High Court judge had jurisdiction to review the consent judgment entered by the registrar, as review powers are not delegated to registrars under the Civil Procedure Rules or Practice Directions. However, the Court found that the appellants failed to establish sufficient grounds to warrant review or setting aside of the consent judgment. The alleged ignorance of the pleaded fraud in the amended defence did not amount to ignorance of material facts relevant to the merits of the case, as fraud was sufficiently implied in earlier pleadings and knowledge of the leg…

Source excerpt

• Review Of Judgments
• Consent Judgments
• Powers Of Registrar
• Setting Aside Decrees
• Aggrieved Party Definition
• Fraud In Land Disputes