[2017] UGCommC 98

[2017] UGCommC 98

The court found that the application for amendment was fundamentally flawed. The 2nd applicant did not file an affidavit or authorize the 1st applicant to seek his removal, rendering the request to strike him off the record baseless. Similarly, the attempt to strike off the 5th respondent was procedurally improper, as the correct procedure would have been a withdrawal under Order 25, which would entail costs. Furthermore, the applicants failed to specify or attach the alleged new material facts or a proposed amended plaint, both of which are mandatory for such an application. The absence of these critical elements meant the application did not meet the legal requirements for amendment of...

Citation
[2017] UGCommC 98
Parties
Applicant: Mbanza Lydia; Applicant: Kakooza Michael; Respondent: Stanbic Bank Uganda Limited; Respondent: Jay Fortune Limited; Respondent: Mukisa Johnan; Respondent: Mukisa Irene; Respondent: Craneforce Advanced Agencies Limited
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
5 July 2017
Case Number
Miscellaneous Application No. 448 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Pleadings
Outcome
application dismissed with costs
Legal Topics
Amendment of Pleadings, Withdrawal of Parties, Costs Awards
Source Language
English
Civil Procedure Amendment of Pleadings Withdrawal of Parties Costs Awards

Case Brief

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Parties

Mbanza Lydia

Applicant

Kakooza Michael

Applicant

Stanbic Bank Uganda Limited

Respondent

Jay Fortune Limited

Respondent

Mukisa Johnan

Respondent

Mukisa Irene

Respondent

Craneforce Advanced Agencies Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Amend Pleadings

Legal Issues

  1. 1 Whether the applicants have met the requirements for leave to amend their pleadings.
  2. 2 Whether the 2nd applicant and 5th respondent can be struck off the record through this application.
  3. 3 Whether the application discloses new material facts justifying amendment.

Ratio Decidendi

The court found that the application for amendment was fundamentally flawed. The 2nd applicant did not file an affidavit or authorize the 1st applicant to seek his removal, rendering the request to strike him off the record baseless. Similarly, the attempt to strike off the 5th respondent was procedurally improper, as the correct procedure would have been a withdrawal under Order 25, which would entail costs. Furthermore, the applicants failed to specify or attach the alleged new material facts or a proposed amended plaint, both of which are mandatory for such an application. The absence of these critical elements meant the application did not meet the legal requirements for amendment of...

Court Disposition

application dismissed with costs

Orders

  • The application for leave to amend pleadings is dismissed.
  • The applicants shall pay the costs of this application.