Francis Brake Lubega v Barnabas Taremwa (HCT-00-CC-MA 421 of 2008)
Francis Brake Lubega v Barnabas Taremwa (HCT-00-CC-MA 421 of 2008) [2009] UGCommC 52 (4 February 2009)
The application was brought under the wrong rule (Order 6 rule 18 instead of rule 19), but the procedure (Chamber Summons) was correct for an amendment of pleadings. The error in quoting the wrong rule is a technicality that does not cause injustice to the respondent. Article 126(2)(e) of the Constitution empowers the court to administer substantive justice without undue regard to technicalities. Precedent supports the position that procedural defects may be cured if no injustice results. Therefore, the preliminary objection is overruled, and the application is allowed to proceed on its merit…
Source excerpt
- Amendment Of Pleadings
- Procedural Irregularity
- Application Of Article 126
- Striking Out Unnecessary Matter