Preliminary Objections

Transami (U) Ltd V Transocean (U) Ltd (Civil Suit No. 145 of 1987) ((U)) [1992] UGHC 1 (14 February 1992);

Flynote: 

Search Summary: 

This was a ruling in respect of a preliminary objection. At the commencement of the hearing of the application, the plaintiff/applicant sought an order for leave of court to amend his plaint.Counsel for the defendant/respondent took a preliminary objection to the application where he contended that the application for the proposed amendment was brought mala-fide and aimed at rendering the defendant’s pending appeal useless. 

Headnote and Holding: 

The court considered the principle that whether or not a party is acting mala-fide is a question of fact which can only be established by evidence.

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