Uganda Case Law

Commissioner Land Registration v Kabuye

Commissioner Land Registration v Kabuye (Miscellaneous Application 2431 of 2024) [2024] UGHCLD 289 (3 December 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2431 of 2024

Judge

Naluzze Aisha Batala, J

The court held that the law permits amendments to pleadings at any stage of proceedings to enable the real questions in controversy to be determined. The applicant demonstrated that new findings materially affect the defence, and the amendment would not prejudice the respondents. The respondents retain the right to challenge the amended pleadings in evidence, and allowing the amendment would avoid multiplicity of suits. The court cannot verify the authenticity of the new findings at this stage, but this does not preclude amendment. The application was made in good faith and does not offend th…

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• Amendment Of Pleadings
• Leave To Amend
• Written Statement Of Defence
• Multiplicity Of Suits
• Prejudice To Parties

Bang Cheng Investment Co. Limited v Roko Construction Co. Limited

Bang Cheng Investment Co. Limited v Roko Construction Co. Limited (Miscellaneous Application 2427 of 2023) [2024] UGCommC 10 (11 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2427 of 2023

Judge

Kahigi Asiimwe, J

The High Court allowed an amendment to correct the respondent’s name, holding the error was a curable misnomer rather than a fatal reference to a non-existent party.

• Amendment Of Pleadings
• Misnomer
• Clerical Error
• Leave To Amend
• Prejudice To Parties
• Amendment-of-pleadings

Kasaija and 254 Others v Kabakumba and 2 Others

Kasaija and 254 Others v Kabakumba and 2 Others (Miscellaneous Application 164 of 2022) [2023] UGHC 163 (22 December 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 164 of 2022

Judge

Serunkuma, J

The High Court at Masindi dismissed an application for leave to amend a counterclaim, finding it time-barred and potentially prejudicial to the respondents.

• Amendment Of Pleadings
• Counterclaim
• Time Bar
• Cause Of Action
• Prejudice To Parties
• Amendment-of-pleadings

Kasaija and 254 Others v Kabakumba and 2 Others

Kasaija and 254 Others v Kabakumba and 2 Others (Miscellaneous Application 164 of 2022) [2023] UGHC 165 (22 December 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 164 of 2022

Judge

Serunkuma, J

The court found that the application for leave to amend the counterclaim did not satisfy the requirements of Order 6 rule 19 of the Civil Procedure Rules or the principles governing amendments. The court held that the application was not made in a timely manner, and the proposed amendment would not serve the interests of justice as it could prejudice the respondents and potentially introduce a substantially different cause of action. The court emphasized that amendments should be allowed only if they are necessary for determining the real questions in controversy, are made in good faith, and…

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• Amendment Of Pleadings
• Counterclaim
• Timeliness Of Application
• Prejudice To Parties

A.G. of Republic of Kenya v Anyang-Nyong'o and Others (Application 4 of 2009)

A.G. of Republic of Kenya v Anyang-Nyong'o and Others (Application 4 of 2009) [2009] EACJ 67 (16 October 2009)

Court

East African Court of Justice

Case number

Application 4 of 2009

Judge

Busingye PJ

The application to enlarge time failed because the applicant did not provide sufficient, candid, or plausible explanations for the delay in filing the Reference on Taxation. The grounds advanced—Christmas vacation, family hardship, and government consultations—were unsupported by evidence and, in places, highly improbable. The applicant failed to discharge the burden of proof required to justify the exercise of the Court's discretion. Public interest was found to be misplaced, and the respondents' right to enjoy the fruits of judgment would be prejudiced by granting the extension. The Court e…

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• Extension Of Time
• Taxation Of Costs
• Court Discretion
• Delay Explanation
• Public Interest
• Prejudice To Parties

A.G. of Kenya v Nyong'o and Others (Application 2 of 2009)

A.G. of Kenya v Nyong'o and Others (Application 2 of 2009) [2009] EACJ 3 (16 October 2009)

Court

East African Court of Justice

Case number

Application 2 of 2009

Judge

Johnston Busingye

The application to enlarge time failed because the applicant did not provide sufficient, candid, or credible explanations for the delay in filing the Reference on Taxation. The grounds advanced—Christmas vacation, family hardship, and government consultations—were unsupported by evidence and found to be incoherent, improbable, or irrelevant under the Rules of the Court. The court held that public interest was misplaced and that the respondents would suffer prejudice if the extension was granted, as their vested rights from the judgment would be disturbed without good reason. The applicant fai…

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• Extension Of Time
• Taxation Of Costs
• Court Discretion
• Delay Explanation
• Prejudice To Parties