Uganda Case Law

National Social Security Fund v Kabuye Ibrahim and Others

National Social Security Fund v Kabuye Ibrahim and Others (Miscellaneous Application No 3331 of 2024) [2025] UGHCLD 54 (9 May 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No 3331 of 2024

Judge

Naluzze Aisha Batala, J

The court found that the applicant does not have an automatic right of appeal and must seek leave. Upon review of the draft memorandum of appeal and the grounds advanced, the court was persuaded that the proposed grounds merit serious consideration by the Court of Appeal, particularly regarding the propriety and extent of the amendments to the 9th Respondent's defence. The court held that the applicant demonstrated arguable grounds of appeal and that the issues raised are not frivolous. Therefore, leave to appeal was granted, with no order as to costs.

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• Leave To Appeal
• Amendment Of Pleadings
• Written Statement Of Defence
• Prejudice To Party
• Procedural Requirements
• Fraudulent Acquisition Of Title

Dr. Kugonza Martin v Hom Chemonges William

Dr. Kugonza Martin v Hom Chemonges William (Miscellaneous Application No. 0253 of 2025) [2025] UGHCLD 61 (18 April 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 0253 of 2025

Judge

Naluzze Aisha Batala, J

The High Court rejected an application for judgment on admission in a land dispute, finding the defence was not a clear, unequivocal admission of liability.

• Judgment On Admission
• Written Statement Of Defence
• Land Sale Dispute
• Purchase Price Refund
• Judgment-on-admission
• Civil-procedure

Turinawe Rwangomani and 2 Others v Nkuuna and 2 Others

Turinawe Rwangomani and 2 Others v Nkuuna and 2 Others (Miscellaneous Application 118 of 2023; Miscellaneous Application 42 of 2024) [2025] UGHC 89 (24 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 118 of 2023 ; Miscellaneous Application 42 of 2024

Judge

Byaruhanga Rugyema, J

The court held that a counter claim, being a separate suit, must be pleaded together with the written statement of defence or with leave of court if introduced later. In this case, the respondents did not include a counter claim in their original defence and only introduced it in response to the further amended plaint without seeking leave of court. The Civil Procedure Rules do not permit a defendant to introduce a new counter claim in a reply to an amended plaint unless it was part of the original pleadings or leave is granted. The authorities cited, including Kavuma & Anor v Stanbic Bank (U…

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• Amendment Of Pleadings
• Counter Claims
• Written Statement Of Defence
• Striking Out Pleadings

Registered Trustees of Kampala Arch Diocese v Muyimba & 50 Others T/A Nsambya Market Vendors Association & Capital Shoppers

Registered Trustees of Kampala Arch Diocese v Muyimba & 50 Others T/A Nsambya Market Vendors Association & Capital Shoppers (Miscellaneous Application 2117 of 2024) [2025] UGHCLD 18 (22 January 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2117 of 2024

Judge

Naluzze Aisha Batala, J

The High Court struck out a third-party notice filed out of time, holding that no sufficient cause was shown to extend time under the Civil Procedure Rules.

• Third Party Procedure
• Extension Of Time
• Written Statement Of Defence
• Third-party-procedure
• Extension-of-time
• Civil-procedure

Wamanga & Another v Ballon Ventures Limited & Another

Wamanga & Another v Ballon Ventures Limited & Another (Miscellaneous Application 434 of 2023) [2025] UGHC 6 (15 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 434 of 2023

Judge

Lubega, J

The court found that the applicants failed to disclose any compelling grounds for the grant of leave to appeal. The omission of the registrar's signature and seal on the written statement of defence was attributed to counsel's error, which should not prejudice the litigants; amendment to cure the defect was permitted. The striking out of the counterclaim for being filed out of time did not entitle the applicants to costs, as awarding costs for an illegality is inappropriate and the matter is within the court's discretion. The court concluded that no arguable grounds or reasonable prospects of…

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• Leave To Appeal
• Written Statement Of Defence
• Court Discretion On Costs

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

Kimanje v Nakamanya & 2 Others

Kimanje v Nakamanya & 2 Others (Miscellaneous Application 2202 of 2024) [2024] UGHCLD 274 (25 November 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2202 of 2024

Judge

Naluzze Aisha Batala, J

The High Court dismissed an application to review an earlier ruling, holding that the applicant had not shown due diligence, error on the record, or grounds to set aside the prior decision.

• Review Of Court Orders
• Service Of Summons
• Written Statement Of Defence
• Error Apparent On Record
• Review-of-court-orders
• Service-of-summons

Namulondo v Bamwesigye & 3 Others

Namulondo v Bamwesigye & 3 Others (Miscellaneous Application 149 of 2024) [2024] UGHC 1133 (21 November 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 149 of 2024

Judge

Karemani Jamson K, J

The court found that the applicant demonstrated sufficient cause for the delay in filing her defence, primarily due to the mistakes and dilatory conduct of her former counsel. The applicant showed continued interest in prosecuting her case and was present in court when her defence was struck off. The principle that litigants should not be penalized for counsel's errors was applied, and the court exercised its discretion to review and set aside the ex parte order, grant an extension of time, and allow the applicant to re-file her defence. The court emphasized the need for substantive justice,…

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• Extension Of Time
• Setting Aside Ex Parte Orders
• Written Statement Of Defence
• Mistake Of Counsel
• Review Of Court Orders

Ssebatta v Mayambala

Ssebatta v Mayambala (Miscellaneous Application 2184 of 2024) [2024] UGHCLD 237 (10 October 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2184 of 2024

Judge

Naluzze Aisha Batala, J

The High Court allowed an unopposed application to enlarge time, set aside substituted service and an ex parte order, and let the applicant file a defence within 7 days.

• Enlargement Of Time
• Substituted Service
• Exparte Orders
• Written Statement Of Defence
• Fair Hearing
• Enlargement-of-time

Musoke Masembe v Victory Christian Centre

Musoke Masembe v Victory Christian Centre (Miscellaneous Application 468 of 2024) [2024] UGHCLD 207 (22 August 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 468 of 2024

Judge

Alividza, J

The High Court allowed an application to file a defence out of time, but only on conditions, including UGX 3,000,000 security for costs and payment of costs.

• Extension Of Time
• Service Of Summons
• Written Statement Of Defence
• Security For Costs
• Extension-of-time
• Service-of-summons