Turinomuhangi v Chonguing International Construction & Another
Turinomuhangi v Chonguing International Construction & Another (Civil Suit 66 of 2022) [2024] UGHC 157 (28 February 2024)
The court held that while the plaintiff failed to plead particulars of negligence, the plaint nonetheless disclosed a cause of action because it alleged a right, its violation, and the defendants' liability. The omission of particulars of negligence is a curable defect and does not warrant dismissal of the suit. The court relied on the Supreme Court's guidance in Tororo Cement Co. Ltd v Frokina International Ltd, which allows for amendment of pleadings to include particulars where a cause of action is otherwise disclosed. The court also found that failure to attach proof of ownership of the v…
Source excerpt
- Pleadings Requirements
- Negligence Particulars
- Cause Of Action
- Amendment Of Pleadings