Kiggundu v Black Market Records (U) Limited & 2 Others (Miscellaneous Application 399 of 2023) [2023] UGCommC 199 (13 October 2023)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 399 of 2023
Judge
Mutesi, J
The High Court allowed an application to amend a plaint in a copyright dispute, including substitution of a defendant and new allegations of fraud and illegality.
The Supreme Court held that the High Court judge had jurisdiction to entertain an application for review of a consent judgment entered by a registrar, as review jurisdiction is not delegated to registrars and is vested in judges under Order 46 of the Civil Procedure Rules. However, the Court found that the appellants failed to establish sufficient grounds to warrant interference with the consent judgment. Ignorance of the pleaded fraud in the amended defence by the appellants' counsel did not amount to ignorance of material facts, as the substance of the fraud allegation was present in earlie…