Assa Abloy (U) Ltd v John Mboizi
Assa Abloy (U) Ltd v John Mboizi (Miscellaneous Application No. 784 of 2021) [2022] UGCommC 32 (2 June 2022)
The court found that the amendment sought by the Applicant does not introduce a new cause of action but merely alters the sum claimed and provides particulars supporting the claim. Since the hearing has not commenced and evidence has not been adduced, the Respondent will not suffer prejudice that cannot be compensated by costs. The principles from Eastern Bakery v Castelino and Order 6 Rule 19 of the Civil Procedure Rules support granting leave to amend pleadings to determine the real questions in controversy. The Applicant is therefore granted leave to amend the plaint, and the Respondent ma…
Source excerpt
- Amendment Of Pleadings
- Leave To Amend Plaint
- Recovery Of Money
- Prejudice And Compensation