[2012] UGCommC 206

[2012] UGCommC 206

The application for leave to amend the written statement of defence is fundamentally defective because it is supported by an affidavit sworn by an advocate who claims to be a duly authorized agent of the applicant company, but no written authority from the company is attached. The affidavit fails to specify the source of the alleged new information, and the facts presented as 'new' are matters that the applicant, as a party to the transactions, would have known at the time of filing the original defence. The court finds that the affidavit does not meet the requirements of the Civil Procedure Rules and the Advocates (Professional Conduct) Regulations. Furthermore, the proposed amendments...

Citation
[2012] UGCommC 206
Parties
Applicant: Mugoya Construction and Engineering Ltd; Respondent: Central Electricals International Limited
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
20 April 2012
Case Number
Miscellaneous Application 699 of 2011
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Written Statement of Defence
Outcome
application dismissed
Judges
Madrama, J
Legal Topics
Amendment of Pleadings, Affidavit Requirements, Company Representation, Cause of Action, Frivolous and Vexatious Suits
Source Language
English
Civil Procedure Commercial and Corporate Amendment of Pleadings Affidavit Requirements Company Representation Cause of Action Frivolous and Vexatious Suits

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Parties

Mugoya Construction and Engineering Ltd

Applicant

Central Electricals International Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Amend Written Statement of Defence

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend its written statement of defence.
  2. 2 Whether the affidavit in support of the application is competent and valid.
  3. 3 Whether the proposed amendments introduce new information or merely restate existing facts.

Ratio Decidendi

The application for leave to amend the written statement of defence is fundamentally defective because it is supported by an affidavit sworn by an advocate who claims to be a duly authorized agent of the applicant company, but no written authority from the company is attached. The affidavit fails to specify the source of the alleged new information, and the facts presented as 'new' are matters that the applicant, as a party to the transactions, would have known at the time of filing the original defence. The court finds that the affidavit does not meet the requirements of the Civil Procedure Rules and the Advocates (Professional Conduct) Regulations. Furthermore, the proposed amendments...

Court Disposition

application dismissed

Orders

  • The application for leave to amend the written statement of defence is dismissed with costs.
  • Leave to appeal is granted.