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Citation
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Judgment date
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| December 2025 |
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The court dismissed the applicant's appeal against taxed costs, finding legal aid rules do not bar instruction fees.
Taxation of costs – scope for interference with taxation master’s award – exceptional circumstances required (manifest excess, misdirection, wrong principles); Legal aid providers – Advocates (Legal Aid to Indigent Persons) Regulations 2007 do not categorically prohibit instruction fees but envisage minimal fees; Service and compliance with court-ordered timelines – mandatory but effectiveness considered in context.
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15 December 2025 |
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Preliminary objections dismissed: beneficiary had locus standi, plaint disclosed trespass cause, suit not time-barred; application dismissed with costs.
Civil procedure — preliminary objections; locus standi of beneficiary without probate; cause of action — trespass to land; limitation (trespass accrual); service of process; death of defendant after institution of suit.
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15 December 2025 |
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Court ordered issuance of a special certificate but refused a vesting order for failure to follow section 167 procedure.
Civil Procedure Act s48(4) – duplicate certificate lost or withheld – court may call on Registrar to issue special certificate; Registration of Titles Act s71/s167 – special certificate and vesting orders; requirement to follow Registrar procedure before vesting order; judicial sale and consequences of sale becoming absolute.
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15 December 2025 |
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Appeal dismissed because the memorandum of appeal breached rules requiring concise, non‑argumentative grounds; appeal failed.
Civil procedure — Res judicata preliminary objection — Competence of memorandum of appeal — Order 43 Rule 2 CPR — Grounds of appeal must be concise, non‑argumentative and specify points wrongly decided; failure is fatal.
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15 December 2025 |
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Stay of execution dismissed for failure to show substantial loss, provide security and for unreasonable delay.
Civil procedure – Stay of execution – Order 43 r.4 requirements – pending appeal – substantial loss/irreparable harm – timeliness of application – provision of security – possession by respondent – absence of execution proceedings.
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15 December 2025 |
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Estate administrators added to the revision; court found an existing valuation report and refused to order a fresh valuation.
Civil procedure – Order 24 r.3 – substitution/addition of legal representatives after death; Valuation – court‑appointed valuer – existence of prior valuation report (2017) – fresh valuation declined; Procedural remedy – challenge to valuation report must be by appropriate proceedings; Costs – parties to bear their costs.
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15 December 2025 |
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Application to extend appeal time and stay execution dismissed for failure to show good cause or substantial loss.
Civil Procedure Act s79, s96 – extension of time; Order 43(4) CPR – stay of execution; registrar's orders – 7‑day appeal period; proof of seeking typed ruling; requirement to show substantial/irreparable loss for stay.
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15 December 2025 |
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Registered title prevails absent proved fraud; respondents trespassed and must vacate; general damages awarded.
Land law – Indefeasibility of registered title under the Registration of Titles Act; customary land tenure – evidential requirements to prove customary ownership; adverse possession – twelve‑year limitation; trespass to land – unlawful entry and interference with possession; damages – distinction between special and general damages; interest and costs.
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15 December 2025 |
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Conviction for aggravated robbery where alibi rejected and single-witness identification, medical evidence and an axe exhibit established guilt.
Criminal law – Aggravated robbery – Proof of theft, use of deadly weapon (axe) and participation – Alibi and single identifying witness reliability – Admission of exhibit (axe) and medical evidence (PF3A).
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12 December 2025 |
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Medical evidence proved assault and age but identity rested on hearsay, so the accused was acquitted for lack of proof.
Criminal law – Aggravated defilement – Proof of age and penetration by medical evidence – Identity of perpetrator must be proved by admissible evidence – Hearsay inadmissible (Evidence Act s59) – Acquittal for failure to prove identity beyond reasonable doubt.
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12 December 2025 |
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Prosecution failed to prove penetration and identity beyond reasonable doubt; accused acquitted of aggravated defilement.
Criminal law – Aggravated defilement – Proof of penetration – Sufficiency of medical evidence – Single-witness identification – Caution where identifying witness lacks detail – Burden of proof beyond reasonable doubt.
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12 December 2025 |
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The court convicted the accused of murder, finding death, malice and reliable eyewitness identification proved beyond reasonable doubt.
Criminal law – murder: elements of offence; post‑mortem and photographic evidence; malice aforethought inferred from head injuries and weapon; reliability of single witness identification; insufficiency of uncorroborated alibi.
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11 December 2025 |
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Accused acquitted of aggravated defilement due to insufficient proof of a sexual act, absence of medical corroboration.
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act (penetration), identity – Burden and standard: proof beyond reasonable doubt – Evidence: importance of medical corroboration of victim’s testimony in sexual offences – Acquittal where sexual act not proved.
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11 December 2025 |
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Medical evidence showed recurring severe injuries but hearsay failed to prove the accused’s participation; accused acquitted.
Criminal law – Aggravated torture of minors – Elements: age, intentional severe pain, recurrence, perpetrator’s participation – Medical and photographic evidence – Hearsay inadmissible under Evidence Act s.59 – Alibi – Acquittal for failure to prove participation beyond reasonable doubt.
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11 December 2025 |
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Whether circumstantial evidence and corroboration sufficiently linked the accused to the child's mutilation murder.
Criminal law – Murder: elements (death, unlawful act, malice aforethought, identity) – Circumstantial evidence – requirements for cogent chain and corroboration – Last‑seen doctrine and its rebuttal.
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11 December 2025 |
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11 December 2025 |
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Death and malice were proved, but absence of evidence linking the accused to the killings led to acquittal.
Criminal law – Murder – elements of offence – proof beyond reasonable doubt – circumstantial evidence – malice aforethought – failure to prove accused's participation; acquittal.
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11 December 2025 |
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Whether prosecution proved participation and malice in a murder; fifth accused convicted, second accused acquitted.
Criminal law – Murder – Elements of murder (death, unlawful act, malice aforethought, participation) – Identification by a single witness – Hostile witness and admissibility of prior statement – Insufficient untendered police statements cannot ground conviction.
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11 December 2025 |
| August 2024 |
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30 August 2024 |
| May 2024 |
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9 May 2024 |
| April 2024 |
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Beneficiaries of an undivided intestate estate may sue without letters; sale by a beneficiary without administration is unlawful and constitutes trespass.
Property law – intestate estate – sale by beneficiary of undivided estate without letters of administration invalid; locus standi – beneficiaries/grandchildren may sue without letters to protect estate interests; trespass – unlawful entry following invalid sale; appellate review – re-evaluation of trial findings on possession and title.
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30 April 2024 |
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Appellant failed to prove ownership beyond the one-acre sale; trial court’s evaluation and locus visit were upheld.
Land law – proof of title and extent of land sold; interpretation of written sale agreement; weight of oral evidence and locus in quo; Practice Direction No.1 of 2007 – procedure for locus visits; trespass – burden to prove actual entry and possession.
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30 April 2024 |
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Appellant failed to prove title; locus visit and unchallenged evidence upheld respondents and appeal was dismissed.
Land law – title dispute – appellant failed to prove ownership; locus in quo – evidential weight where possession is visible and unchallenged; appellate procedure – striking out vague grounds and grounds introduced only in submissions; damages – appellate restraint where trial court properly exercised discretion in awarding general damages.
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30 April 2024 |
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Consent judgment vesting ownership extinguished plaintiff’s cause of action; suit struck out for failing to disclose a cause of action.
Civil procedure – preliminary objection – plaint to be rejected where it does not disclose a cause of action (Order 7 r.11(a)); Consent judgment declaring ownership – disposes of subject matter and extinguishes cause of action against remaining defendant; Limitation unnecessary to decide once no cause of action exists.
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30 April 2024 |
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Court granted a stay pending appeal, finding risk of irretrievable loss and waiving the security requirement.
Stay of execution pending appeal — Order 43 r 4(3) CPR — conditions: substantial loss, no unreasonable delay, security for due performance — procedural irregularities (wrong provision cited, affidavits lacking authority, unsigned annexures) — discretion to dispense with security.
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30 April 2024 |
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A suit filed against a person dead at filing is incompetent and must be struck out; substitution is not available.
Civil procedure – competency of suit – action against deceased person – incapacity to be sued – substitution of parties (Order 1 r10) not available where defendant was dead at filing – letters of administration – costs for failure to verify capacity.
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30 April 2024 |
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High Court dismissed revision, holding continuation of magistrates' proceedings lawful after administration cause dismissal.
Civil procedure – Revision (s.83 Civil Procedure Act) – High Court may revise magistrates' court decisions where jurisdiction not vested, not exercised, or exercised with material irregularity; conditional stays end when the condition (dismissal of related Administration Cause) is met. Magistrates' court practice – Stay of proceedings pending related High Court administration matter – effect of dismissal of administration cause. Evidence – failure to file rejoinder treated as acceptance of respondent's affidavit facts.
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30 April 2024 |
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A government defendant may be properly joined as a necessary/nominal party in a compensation dispute despite no prior payment or violation.
Civil procedure – Joinder of parties – Order 1 Rule 3 – Necessary/nominal party – Government/Attorney General impleaded in land compensation dispute arising from compulsory acquisition – Cause of action and preliminary objection.
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30 April 2024 |
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Whether respondent utilities are liable for trespass after erecting power lines on the applicant’s land without consent.
Property law – trespass to land; registered title permits action in trespass; utility licensee obligations under Electricity Act (notice, wayleaves, compensation); liability of a party who induces trespass; remedies – injunction, removal, general damages, interest, costs.
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30 April 2024 |
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Applicant failed to show good cause for extension of time; Registrar lawfully stayed execution and did not determine ownership.
Civil procedure – extension of time to appeal – discretionary relief requiring no inordinate delay, good cause and no prejudice – mistake of counsel/ignorance not automatically sufficient – registrar’s power to grant stay of execution pending appeal; interlocutory ruling not a determination of ownership.
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30 April 2024 |
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The applicant’s application for boundary verification of disputed forest reserve land is granted; parties to bear their own costs.
Land law – boundary opening and verification – necessity of on-ground assessment by a licensed surveyor where boundaries are disputed. Evidence – role of independent joint survey in clarifying factual boundaries but not determining legal title. Procedure – application under Section 98 CPA and Order 51 CPR to conduct boundary verification during pending suit. Costs – each party to bear its own costs where boundary opening is ordered.
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30 April 2024 |
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Court set aside dismissal for want of prosecution and reinstated suit due to non-service and non-willful absence.
Civil procedure – Dismissal for want of prosecution – Order 9 r 17 CPR (dismissal when neither party appears) – Distinction from abatement under Order 17 r 6 CPR – Review under Order 46 r 1 CPR – Effect of non-service of hearing notice – Reinstatement and costs.
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30 April 2024 |
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A respondent who is a widow and beneficiary may counterclaim to protect estate land without letters of administration.
Civil procedure – Locus standi – Counterclaim by widow/beneficiary – Ability to protect estate land without Letters of Administration; Order 8 Rule 2; pleadings requirement under Order 4 Rule 1; reliance on Israel Kabwa v. Martin Banoba Mugisa.
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30 April 2024 |
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Stay of execution refused where appellant failed to show substantial loss, likelihood of success, and to provide security.
Civil procedure – stay of execution – Order 43 r.4(3) CPR – requirements: notice of appeal, substantial loss, no unreasonable delay, security for due performance. Security for due performance – discretionary but required as precondition under r.4(3)(c) where applicable. Substantial loss – requires real risk of execution, not mere speculation. Likelihood of success on appeal – mere filing of notice of appeal insufficient to show merits.
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30 April 2024 |
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26 April 2024 |
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26 April 2024 |
| February 2024 |
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Counsel’s mistake was sufficient reason to set aside dismissal and reinstate the suit for hearing on its merits.
Civil procedure – review of judgment – Order 46 Rule 1(2)/(3) – "any other sufficient reason" – counsel’s negligence as ground for review. Dismissal for want of prosecution – Order XVII Rule 5 (amended) – abatement versus dismissal for non-appearance. Service – omission to serve not fatal where purpose of service fulfilled by obtaining court file copy.
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29 February 2024 |
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Guardianship application dismissed for failing to meet mandatory statutory requirements despite welfare considerations.
Guardianship — Children’s (Amendment) Act 2016 (ss. 3, 43A, 43F) — welfare of the child paramount — mandatory preconditions for guardian appointment: continuous residence in Uganda, criminal record clearance, and recommendation from probation/social welfare — foreign-resident applicants — financial support insufficient to substitute statutory requirements.
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29 February 2024 |
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A stay pending appeal requires notice of appeal, proof of substantial loss, no undue delay, and provision of security.
Stay of execution pending appeal – Order 43 r.4 CPR – requirements: notice of appeal, substantial loss, no unreasonable delay, security – laches – consent judgment – protection of successful litigant’s fruits.
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29 February 2024 |
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Appellant failed to displace registered title where evidence showed pre-existing customary interests, so title rectification and costs ordered.
Land law – registered leasehold title – effect of registration and exceptions for fraud or pre-existing unregistered customary interests; burden of proof in title disputes; locus in quo procedure; effect and scope of consent judgments; rectification of title/registration.
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29 February 2024 |
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Applicant’s dismissal for want of prosecution set aside due to illness and counsel’s negligence; suit reinstated.
Civil procedure – setting aside dismissal under Order 9 r.23; sufficient cause/good cause – illness and counsel’s negligence; service and registry delays; res judicata/overtaken-by-events; limitation and claims against estate administrators.
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29 February 2024 |
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Court grants mandamus compelling respondent to issue appointment and awards damages for unlawful refusal.
Judicial review – administrative decision – amenability to review and exhaustion of remedies; Mandamus – compelling public officer to issue appointment; Public service recruitment – legality and rationality of refusal to appoint; Reliefs – damages and costs for unlawful administrative action.
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29 February 2024 |
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Counterclaim adding third parties without making the plaintiff a counter-defendant is irregular and struck out.
Civil Procedure – Preliminary objections: timeliness of filing defences (Order 8 r.1(2)) and effect of registry dating errors; Counterclaims – requirement that plaintiff be included as counter-defendant (Order 8) and limits on introducing third parties; Misjoinder and multifariousness – proper use of Order 1 r.10 or Order 14 third-party notice; Pleadings – requirement that plaint disclose a cause of action (Auto Garage test).
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29 February 2024 |
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Court ordered direct transfer of district-held Kihonda land title to national land authority to enforce prior ruling.
Judicial review — enforcement of judgments — consequential orders to give effect to a prior ruling; transfer of district-owned land title; Civil Procedure Act ss. 34 and 98; unchallenged affidavit evidence; execution of decrees; land registration.
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2 February 2024 |
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Court finds councilors in contempt for suspending the District Service Commission despite an existing interim order, expunges minutes, and awards damages.
Contempt of court – interim order restraining motions – knowledge and disobedience – statutory immunity of local government officials not absolute – unsigned council minutes expunged – damages and costs awarded.
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2 February 2024 |
| December 2023 |
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Government delay and COVID‑19 restrictions did not constitute sufficient cause to set aside the ex parte judgment.
Civil procedure – setting aside ex parte decree – Order 9 r.27 – Government Proceedings (Civil Procedure) r.6 – service of summons – sufficient cause – COVID‑19 restrictions and police investigations not constituting sufficient cause – abuse of process.
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22 December 2023 |
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Appellate court upheld respondent’s ownership, found purchasers had notice, and dismissed the appeal with costs.
Land law – ownership dispute – proof by oral/secondary evidence when original sale agreement is lost; credibility of witnesses. Bona fide purchaser for value without notice – elements and effect of actual or constructive notice. Appellate review – scope in re-evaluating witness credibility. Damages – appellate reluctance to interfere absent wrong principle or manifestly erroneous award.
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22 December 2023 |
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The applicant’s appeal was struck out for being filed out of time despite the deponent’s capacity to swear the affidavit.
Civil procedure – Appeals from registrar – statutory time limits under section 79(1)(b) – appeal struck out for being filed out of time; Corporate affidavits – deponent capacity – Accounts Relationship Supervisor held to have sufficient authority; Article 126(2)(e) Constitution – not a license to evade procedural timelines; Setting aside dismissal orders – merits rendered moot where appeal incompetent.
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22 December 2023 |
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Court refused leave to amend counterclaim because application failed to meet Order 6 r.19 amendment principles.
Civil procedure – Amendment of pleadings – Order 6 r.19 CPR – Leave to amend to be granted only if amendment is bona fide, necessary to raise real issues, does not unjustly prejudice the other party, avoids multiplicity and does not introduce a distinct new cause of action; application to add fraud allegations and general damages refused for failure to meet these principles; procedural objection as to time/service considered but dismissal based on merits.
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22 December 2023 |
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Amendment of a counterclaim refused for failing to satisfy Order 6 rule 19 principles and avoiding prejudice.
Civil Procedure – Amendment of pleadings – Order 6 r 19 CPR – Leave to amend to be granted only where amendment is bona fide, avoids injustice and multiplicity, does not substantially change cause of action, and is not mala fide; time‑bar and prejudice arguments in opposing amendments.
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22 December 2023 |