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Civil Procedure [2022] UGHCCD 204

Wind river Logistics Limited and Another v Mityana Farm Group Enterprises Limited and 2 Others

Wind river Logistics Limited and Another v Mityana Farm Group Enterprises Limited and 2 Others (Miscellaneous Application No. 169 of 2022) [2022] UGHCCD 204 (18 October 2022)

Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. 169 of 2022
Judges
Zeija, PJ

The court found that the amendment sought by the applicants was to correct a typographical error in the description of the suit land, changing 'Busiro Block' to 'Singo Block,' and that all other particulars of the land remained unchanged. The court held that the error was inadvertent and did not introduce a new cause of action or prejudice the respondents' defense. The court further found that the affidavit in reply was properly commissioned and that objections based on uncommissioned attachments were misplaced. The court emphasized that amendments to pleadings should be liberally allowed to…

Source excerpt

  • Amendment Of Pleadings
  • Typographical Errors
  • Prejudice To Opposing Party
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Tax Law [2021] UGTAT 11

Ericson v Uganda Revenue Authority (Application No. TAT 67 of 2021)

Ericson v Uganda Revenue Authority (Application No. TAT 67 of 2021) [2021] UGTAT 11 (30 December 2021)

Court
Tax Appeals Tribunal (Uganda)
Case number
Application No. TAT 67 of 2021
Judges
Katwe, Panel Member, Mugerwa, Mugenyi, Chairperson

The Tribunal determined that while procedural rules and finality of proceedings are important, the overriding principle is the administration of substantive justice without undue regard to technicalities, as mandated by Article 126(2)(e) of the Constitution and Section 22(2) of the Tax Appeals Tribunal Act. The Tribunal found that the respondent had not called any witnesses and would not suffer prejudice if the applicant were allowed to re-open its case and tender additional documents, subject to admissibility rules. The Tribunal emphasized that the burden of proof rests on the applicant, and…

Source excerpt

  • Reopening Of Case
  • Admissibility Of Evidence
  • Burden Of Proof
  • Procedural Discretion
  • Prejudice To Opposing Party
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Civil Procedure [2021] UGCommC 9

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
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.