Uganda Case Law

Kajobe v Mogo Loans SMC Limited

Kajobe v Mogo Loans SMC Limited (Miscellaneous Application 618 of 2024) [2024] UGCommC 306 (17 September 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 618 of 2024

Judge

Tumusiime Rubagumya, J

The Court found that the application for amendment was properly served, as the hearing date was only fixed on 22nd May 2024 and service occurred promptly thereafter. The suit had not abated, as the Applicant had extracted summons for directions and delays in hearing were attributable to the Court, not the Applicant. No order of abatement was on record, and the matter remained pending. The proposed amendments to the plaint introduced distinct particulars of fraud not previously pleaded, and granting leave would not prejudice the Respondent, as the trial had not commenced and the Respondent had…

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• Amendment Of Pleadings
• Particulars Of Fraud
• Court Discretion
• Preliminary Objections
• Abatement Of Suit

Kiwanuka v Centenary Rural Development Bank Limited and Others

Kiwanuka v Centenary Rural Development Bank Limited and Others (Miscellaneous Application 232 of 2022) [2023] UGHCCD 344 (7 November 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 232 of 2022

Judge

Boniface Wamala, J

The court held that the affidavits in reply, though filed outside the time suggested by the applicant, were filed before the hearing and did not occasion substantial prejudice, thus were properly before the court. On joinder, the court found that the 2nd and 3rd respondents, as purchasers of the mortgaged properties, had interests that would be directly affected by the outcome of the main suit, making their presence necessary for complete adjudication. Regarding amendment, the court determined that the misnomer in the 1st respondent's name was a technicality that could be rectified without in…

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• Joinder Of Parties
• Amendment Of Pleadings
• Misnomer Correction
• Particulars Of Fraud

Master Managers & Traders Ltd & Anor v Popat

Master Managers & Traders Ltd & Anor v Popat (Miscellaneous Application No. 580 of 2021) [2022] UGCommC 51 (29 July 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 580 of 2021

Judge

Rwakakooko, J

The court found that the proposed amendment to include particulars of fraud would introduce a new cause of action not present in the original plaint, which is impermissible under the law and established principles. The Applicants failed to demonstrate that the omission of fraud was a mistake of counsel that should be excused, as there was no evidence of such mistake relating to the fraud claim. Article 126(2)(e) of the Constitution does not override substantive legal requirements. However, the court determined that the 2nd Applicant, as a party to the Memorandum of Understanding and with inte…

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• Amendment Of Pleadings
• Joinder Of Parties
• Particulars Of Fraud
• Corporate Shareholder Rights

Bageya & 2 Ors v Ochieng

Bageya & 2 Ors v Ochieng (Civil Appeal No. 130 of 2009) [2014] UGHCCD 86 (25 June 2014)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 130 of 2009

The High Court allowed a civil appeal, holding the trial magistrate should not have struck out the defence for lack of fraud particulars without hearing the case.

• Pleadings Requirements
• Striking Out Defence
• Particulars Of Fraud
• Trespass To Land
• Registration Of Titles
• Retrial Order

Nagawa & anor v Segawa & Ors

Nagawa & anor v Segawa & Ors (Civil Suit No. 27 of 2012) [2014] UGHCCD 14 (4 February 2014)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 27 of 2012

The Plaintiffs' suit was fundamentally defective for failing to plead the necessary particulars of fraud as required by Order 6 rule 3 of the Civil Procedure Rules. The Plaint did not allege sufficient facts to establish a cause of action against the Defendants, nor did it demonstrate the Plaintiffs' interest in the suit land or how the Defendants procured the title fraudulently. The mandatory requirements for pleading fraud and disclosing a cause of action were not met. The absence of these particulars rendered the suit frivolous, vexatious, and incapable of being cured by amendment. Consequ…

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• Cause Of Action
• Pleading Fraud
• Particulars Of Fraud
• Striking Out Plaint
• Title Cancellation

Administrator general v Okwenda & Anor

Administrator general v Okwenda & Anor (Civil Suit No. 656 of 1989) [1990] UGHCFD 1 (4 June 1990)

Court

HC: Family Division (Uganda)

Case number

Civil Suit No. 656 of 1989

Judge

Tabaro, J

The High Court allowed the Administrator General to amend a plaint alleging fraud in a grant of letters of administration over an estate in Nebbi.

• Amendment Of Pleadings
• Letters Of Administration
• Fraud In Grant Of Administration
• Particulars Of Fraud
• Amendment-of-pleadings
• Particulars-of-fraud