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Nyanzi Sam v Daisy Lwanga Namirembe (Miscellaneous Application 3123 of 2023) [2024] UGHC 31 (13 February 2024)
The High Court struck out an amended plaint after finding it was filed without leave once the plaintiff had already filed a reply, making the pleading irregular.
Nyanzi Sam v Daisy Lwanga Namirembe (Miscellaneous Application 3123 of 2023) [2024] UGHCLD 39 (13 February 2024)
The court found that while the Civil Procedure Rules allow a plaintiff to amend a plaint without leave within certain timelines, the respondent/plaintiff relinquished this right by filing a reply to the first defendant's written statement of defence. According to Order 8 rule 18 (2), no pleading subsequent to the reply may be filed without leave of court. The respondent did not seek leave before filing the amended plaint, rendering it irregular and improperly before the court. The court held that the amended plaint was illegally filed and must be struck out. The application therefore succeede…
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