Gondariya v Imperial Gas Supply (U) Limited
Gondariya v Imperial Gas Supply (U) Limited (Miscellaneous Application 1179 of 2021) [2023] UGCommC 201 (20 October 2023)
The court found that the proposed amendment to the plaint, which seeks to update the amount claimed as the outstanding loan balance following a part payment by the respondent, does not prejudice the respondent's defence in any significant way. The amendment merely corrects the sum claimed and does not introduce a new cause of action. Allowing the amendment will enable the court to address the actual dispute between the parties and is consistent with the principles of justice and the rules governing amendment of pleadings. The respondent's potential liability is reduced, and any inconvenience…
Source excerpt
- Amendment Of Pleadings
- Loan Recovery
- Summary Procedure
- Court Discretion
- Prejudice To Defence