Uganda Case Law

Commissioner Land Registration v Kabuye

Commissioner Land Registration v Kabuye (Miscellaneous Application 2431 of 2024) [2024] UGHCLD 289 (3 December 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2431 of 2024

Judge

Naluzze Aisha Batala, J

The court held that the law permits amendments to pleadings at any stage of proceedings to enable the real questions in controversy to be determined. The applicant demonstrated that new findings materially affect the defence, and the amendment would not prejudice the respondents. The respondents retain the right to challenge the amended pleadings in evidence, and allowing the amendment would avoid multiplicity of suits. The court cannot verify the authenticity of the new findings at this stage, but this does not preclude amendment. The application was made in good faith and does not offend th…

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• Amendment Of Pleadings
• Leave To Amend
• Written Statement Of Defence
• Multiplicity Of Suits
• Prejudice To Parties

Ndabahwereze v MTN (U) Limited and 2 Others

Ndabahwereze v MTN (U) Limited and 2 Others (Miscellaneous Application 94 of 2023) [2024] UGHC 103 (22 March 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 94 of 2023

Judge

Wagona, J

The High Court refused leave to amend a plaint to add fraud particulars, holding the application was brought too late after scheduling and witness statements.

• Amendment Of Pleadings
• Leave To Amend
• Inordinate Delay
• Multiplicity Of Suits
• Amendment-of-pleadings
• Leave-to-amend

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)

Court

High Court of Uganda

Case number

Miscellaneous Application 458 of 2023

Judge

Allan Nshimye, J

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

Bang Cheng Investment Co. Limited v Roko Construction Co. Limited

Bang Cheng Investment Co. Limited v Roko Construction Co. Limited (Miscellaneous Application 2427 of 2023) [2024] UGCommC 10 (11 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2427 of 2023

Judge

Kahigi Asiimwe, J

The High Court allowed an amendment to correct the respondent’s name, holding the error was a curable misnomer rather than a fatal reference to a non-existent party.

• Amendment Of Pleadings
• Misnomer
• Clerical Error
• Leave To Amend
• Prejudice To Parties
• Amendment-of-pleadings

Najjuko v Rita Lubowa

Najjuko v Rita Lubowa (Miscellaneous Application 1072 of 2022) [2023] UGHCLD 193 (10 July 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 1072 of 2022

Judge

Basaza, J

The High Court allowed an application to amend a plaint, finding the proposed changes necessary to determine the real issues and causing no shown prejudice.

• Amendment Of Pleadings
• Leave To Amend
• Multiplicity Of Suits
• Prejudice To Party
• Amendment-of-pleadings
• Leave-to-amend

Bisereko v Kyenjojo District Local Government

Bisereko v Kyenjojo District Local Government (Miscellaneous Application No. 59 of 2022) [2022] UGHC 64 (23 November 2022)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 59 of 2022

Judge

Mugabo, J

The High Court allowed an application to amend a plaint in an employment dispute, finding the new prayers arose from existing facts and awarding costs to the respondent.

• Amendment Of Pleadings
• Leave To Amend
• Employment Termination
• Salary Arrears
• Special Damages
• Costs Award

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

Bakalumba Enterprises Ltd v Uganda Breweries Ltd & Anor

Bakalumba Enterprises Ltd v Uganda Breweries Ltd & Anor (Miscellaneous Application No. 817 of 2021) [2022] UGCommC 41 (28 June 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 817 of 2021

Judge

Rwakakooko, J

The court granted leave to amend a plaint to add special damages and claims arising from later events, holding the amendments were justified and not unfairly prejudicial.

• Amendment Of Pleadings
• Leave To Amend
• Bank Guarantee Disputes
• Special Damages
• Breach Of Contract
• Amendment-of-pleadings

National Drug Authority v Samuel Kasozi and Ors

National Drug Authority v Samuel Kasozi and Ors (Miscellaneous Application No. 129 of 2021) [2022] UGCommC 22 (12 April 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 129 of 2021

Judge

Rwakakooko, J

The court held that although the Applicant delayed in seeking the amendment (12 years after filing the suit), the amendment sought was to include an additional sum discovered by special audit, which was omitted from the original Plaint. The court found that the Respondents would not be prejudiced by the amendment, especially since they could be compensated by costs for any inconvenience. The court emphasized that amendments should generally be allowed to enable substantive justice, provided no injustice is caused to the other party and the amendment is not prohibited by law. The absence of op…

Source excerpt

• Amendment Of Pleadings
• Leave To Amend
• Procedural Justice
• Compensation Claims

Okello Wilbert v Obel Ronald

Okello Wilbert v Obel Ronald (Civil Miscellaneous Application No. 97 of 2020) [2021] UGCommC 9 (26 March 2021)

Court

Commercial Court of Uganda

Case number

Civil Miscellaneous Application No. 97 of 2020

Judge

Boniface Wamala, J

The court found that the application to amend the plaint was neither expressly nor impliedly barred by law, nor did it substitute a distinct cause of action. The Applicant demonstrated that omitted material facts were discovered during case preparation and that their inclusion was necessary for the just determination of the dispute. The Respondent's claim of prejudice, specifically regarding the defence of limitation, was rejected as insufficient to deny the amendment; such issues must be resolved at trial through evidence. The court held that the amendment was brought in good faith, would no…

Source excerpt

• Amendment Of Pleadings
• Leave To Amend
• Court Discretion
• Prejudice To Opposing Party