[2019] UGHCLD 10

[2019] UGHCLD 10

The amended plaint was filed outside the time permitted by Order 6 Rule 20 of the Civil Procedure Rules and without leave of Court, rendering it void ab initio. Its withdrawal did not affect the original plaint, which remains valid and pending before the Court. The Defendant's application to strike out the amended plaint is upheld, and the Defendant is entitled to costs for the application. The Court cannot legalize an irregularity in amending pleadings, and once an illegality is brought to the attention of the Court, it overrides all questions of pleadings. Costs are awarded to the Defendant for Misc. Application No. 1789 of 2018.

Citation
[2019] UGHCLD 10
Parties
Plaintiff: Kalema Francis; Defendant: Bruhane Ssekibinge
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
13 March 2019
Procedural Posture
Civil Suit / Ruling on Preliminary Objections and Application to Strike Out Amended Plaint
Outcome
application to strike out amended plaint granted; costs awarded to defendant
Judges
Kawesa, J
Legal Topics
Amendment of Pleadings, Withdrawal of Suit, Costs Award, Irregular Amendment, Leave of Court
Source Language
English
Civil Procedure Land and Property Amendment of Pleadings Withdrawal of Suit Costs Award Irregular Amendment Leave of Court

Case Brief

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Parties

Kalema Francis

Plaintiff

Bruhane Ssekibinge

Defendant

Procedural Posture

Civil Suit / Ruling on Preliminary Objections and Application to Strike Out Amended Plaint

Legal Issues

  1. 1 Whether the amended plaint filed by the Plaintiff was valid and properly before the Court.
  2. 2 Whether the withdrawal of the amended plaint vitiated or removed the original plaint.
  3. 3 Whether the Defendant is entitled to costs for the application to strike out the amended plaint.

Ratio Decidendi

The amended plaint was filed outside the time permitted by Order 6 Rule 20 of the Civil Procedure Rules and without leave of Court, rendering it void ab initio. Its withdrawal did not affect the original plaint, which remains valid and pending before the Court. The Defendant's application to strike out the amended plaint is upheld, and the Defendant is entitled to costs for the application. The Court cannot legalize an irregularity in amending pleadings, and once an illegality is brought to the attention of the Court, it overrides all questions of pleadings. Costs are awarded to the Defendant for Misc. Application No. 1789 of 2018.

Court Disposition

application to strike out amended plaint granted; costs awarded to defendant

Orders

  • The amended plaint filed on 11th July 2018 is struck out as void ab initio.
  • The withdrawal of the amended plaint does not affect the original plaint filed on 21st February 2018, which remains before Court.