[2021] UGHCLD 171
The application for leave to amend the plaint was uncontested, as the respondents were served and acknowledged service but did not file any reply. In accordance with Order 6 Rule 19 of the Civil Procedure Rules, leave to amend is granted where there is no opposition and no demonstrated prejudice. The court therefore...
Source-derived case information.
- Citation
- [2021] UGHCLD 171
- Parties
- Applicant: Sseguya Godfrey; Respondent: Kagenyi Daniel; Respondent: The Commissioner Land Registration
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Miscellaneous Application No. 1560 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
- Outcome
- Application granted.
- Judges
- Nkonge, J
- Legal Topics
- Amendment of Pleadings, Service of Process, Uncontested Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sseguya Godfrey
Applicant
Kagenyi Daniel
Respondent
The Commissioner Land Registration
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
Legal Issues
- 1 Whether the applicant should be granted leave to amend the plaint in Civil Suit No. 406/2019.
- 2 Whether costs should be awarded for the application.
Ratio Decidendi
The application for leave to amend the plaint was uncontested, as the respondents were served and acknowledged service but did not file any reply. In accordance with Order 6 Rule 19 of the Civil Procedure Rules, leave to amend is granted where there is no opposition and no demonstrated prejudice. The court therefore granted the application and issued directions for service and subsequent pleadings. Costs were awarded in the cause, following standard practice for uncontested applications.
Court Disposition
Application granted.
Orders
- Leave is granted to amend the plaint.
- Service of the amended plaint to be effected by 9/4/2021.
Full Case Text
Judgment text and source record
20 paragraphs
# THE REPUBLIC OF UGANDA
# IN THE HIGH COURT OF UGANDA AT KAMPALA
### **LAND DIVISION**
## MISC. APPL. NO. 1560 OF 2019
SSEGUYA GODFREY ::::::::::::::::::::::::::::::::::::
#### **VERSUS**
## 1. KAGENYI DANIEL
2. THE COMMISSIONER LAND REGISTRATION ::::::::::::: RESPONDENT
### 24/3/2021
# BEFORE: LADY JUSTICE ALEXANDRA NKONGE RUGADYA
#### **RULING:**
This is an application seeking leave to amend the plaint in Civil Suit No. $406/2019$ ; and for costs of the application.
Directives were made by this court on $12/10/2020$ for both sides to file written submissions together with the pleadings by $30/10/2020$ .
As per affidavit of service filed 28/10/2020., the defendants were served, acknowledged service but did not file any reply.
The application is therefore uncontested. I therefore grant it on the following terms:-
- 1. Leave is granted to amend the plaint; - 2. Service of the amended plaint to be effected by $9/4/2021$ ; - 3. WSD to be filed by $22/4/2021$ ; - 4. Rejoinder by $29/4/2021$ ; - 5. Parties to attempt mediation, and update court.
Costs in the cause.
Alexandra Nkonge Rugadya
**JUDGE**
$24/3/2021.$