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Uganda decisions
Decisions matching the current search
Namuddu Joyce v Nakintu Prossy (Civil Appeal No. 47 of 2024) [2025] UGHCLD 117 (2 July 2025)
The High Court dismissed a land appeal as filed out of time without leave. The parties also failed to attend the hearing, with no explanation offered.
Shumuk Springs Development (SSL) Ltd v Muyinza Joseph Bunoli and Others (Miscellaneous Application No. 3090 PF 2024) [2025] UGHCLD 90 (19 June 2025)
The High Court granted leave to amend a plaint and add the 3rd and 4th respondents as parties, finding their presence necessary for proper determination of the dispute.
Semanja Godfrey v Moses Mawagali Lusalabaga and Others (Civil Suit 336 of 2023) [2025] UGHC 369 (30 April 2025)
The High Court struck out an amended plaint for going beyond leave to remove only two defendants, holding the unauthorized changes breached the court order.
Jjuko v Bwende (Miscellaneous Application 220 of 2024) [2025] UGHC 61 (31 January 2025)
The court found that the amended written statement of defence and counterclaim was filed after the expiry of the statutory period allowed for such amendments and without obtaining leave of court as required by Order 6 Rule 21 of the Civil Procedure Rules. The respondent neither pleaded nor proved that leave was obtained, and the record was silent on this point. The law is clear that amendments introducing counterclaims after the prescribed period must be sanctioned by leave of court, and failure to do so renders the amendment incompetent and bad in law. The court relied on binding authority t…
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Kaiso Jack v Nyakaisiki Judith & 2 Others (Administrators of the estate of the Late Samuel Baker) (Land Civil Suit 14 of 2020) [2024] UGHC 116 (27 March 2024)
The High Court held that a defendant may plead a counterclaim in an amended defence responding to an amended plaint without separate leave. The preliminary objection was overruled.
Nyanzi Sam v Daisy Lwanga Namirembe (Miscellaneous Application 3123 of 2023) [2024] UGHC 31 (13 February 2024)
The High Court struck out an amended plaint after finding it was filed without leave once the plaintiff had already filed a reply, making the pleading irregular.
Nyanzi Sam v Daisy Lwanga Namirembe (Miscellaneous Application 3123 of 2023) [2024] UGHCLD 39 (13 February 2024)
The court found that while the Civil Procedure Rules allow a plaintiff to amend a plaint without leave within certain timelines, the respondent/plaintiff relinquished this right by filing a reply to the first defendant's written statement of defence. According to Order 8 rule 18 (2), no pleading subsequent to the reply may be filed without leave of court. The respondent did not seek leave before filing the amended plaint, rendering it irregular and improperly before the court. The court held that the amended plaint was illegally filed and must be struck out. The application therefore succeede…
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Nassar v I .S and M Holdings Limited and Another (Miscellaneous Application 415 of 2023; Miscellaneous Application 904 of 2023) [2024] UGHCLD 13 (12 January 2024)
The High Court held that a rejoinder filed without leave was improper and struck it out, and it cancelled witness summons issued by the Registrar in error.
Ajuna Jackson Francis v Attorney General (Miscellaneous Application 1122 of 2023) [2023] UGCommC 132 (21 November 2023)
The court found that the applicant demonstrated sufficient cause to amend the plaint, as the proposed amendments sought to plead material facts and attach supporting documents omitted by previous counsel. The court emphasized that amendments should be allowed to enable the real questions in controversy to be determined and to avoid multiplicity of proceedings. The respondent failed to show any specific prejudice or injustice that would result from the amendment, as no new issues or fundamental departures from the original pleadings were introduced. The court further held that any delay or omi…
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Kamudda v FX Mubuuke (Miscellaneous Application No. 230 of 2022) [2023] UGHCCD 119 (28 April 2023)
The High Court allowed an application to amend a written defence and add a counterclaim, holding the amendment would help determine the real issues and cause no prejudice.
