[2019] UGHCLD 12

[2019] UGHCLD 12

The court found that the applicant's proposed amendment did not constitute a true amendment as envisaged under Order 6 Rule 19 of the Civil Procedure Rules, but was instead an attempt to introduce evidence (the survey report) that had been omitted from the original counterclaim. The court emphasized that there was...

Source-derived case information.

Citation
[2019] UGHCLD 12
Parties
Applicant: Sulaiman Kiggundu; Respondent: Iga Francis
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
6 March 2019
Case Number
Misc. Application No. 1345 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Counterclaim
Outcome
application struck out with costs to the respondent
Judges
Kawesa, J
Legal Topics
Amendment of Pleadings, Counterclaim Procedure, Admissibility of Evidence, Survey Reports
Source Language
english
Civil Procedure Land and Property Amendment of Pleadings Counterclaim Procedure Admissibility of Evidence Survey Reports

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Summary, issues, holding and outcome

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Parties

Sulaiman Kiggundu

Applicant

Iga Francis

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Amend Counterclaim

Legal Issues

  1. 1 Whether the applicant should be granted unconditional leave to amend the counterclaim.
  2. 2 Whether the application to amend constitutes a true amendment under the Civil Procedure Rules.
  3. 3 Whether the attempt to introduce a survey report via amendment is proper.

Ratio Decidendi

The court found that the applicant's proposed amendment did not constitute a true amendment as envisaged under Order 6 Rule 19 of the Civil Procedure Rules, but was instead an attempt to introduce evidence (the survey report) that had been omitted from the original counterclaim. The court emphasized that there was no proof of the surveyor's death or closure of his office, and even if true, there were alternative legal avenues to introduce the report as evidence. The application was deemed an abuse of court process and was accordingly struck out with costs awarded to the respondent.

Court Disposition

application struck out with costs to the respondent

Orders

  • The application to amend the counterclaim is struck out.
  • Costs of the application are awarded to the respondent.