Wakilii

Ankunda v Housing Finance Bank Limited (Miscellaneous Application 1445 of 2022)

High Court · [2023] UGCOMMC 289 · 2023 Application Dismissed (Stayed) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out defence for late filing arising from Civil Suit No. 678 of 2022
Decision
Application stayed pending determination of related application for extension of time

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court declined to strike out the respondent's defence filed seven days late. Although the respondent bank was served with summons on 23 August 2022, its counsel was not made aware of this service and filed defence on 13 September 2022 within 15 days of receiving instructions. The omission to inform counsel of the summons constituted sufficient cause for the delay. The court stayed the application pending determination of the respondent's application for extension of time to file defence.

Outcome

Application stayed pending determination of related application for extension of time

Facts

The applicant filed Civil Suit No. 678 of 2022 against the respondent bank. Summons to file defence were served on the respondent bank on 23 August 2022. On 1 September 2022, the bank instructed its lawyers by email to file defence, attaching the plaint but not the summons or any indication of when service occurred. Counsel filed defence on 13 September 2022, believing they were within the 15-day timeline from receiving instructions. The applicant brought this application to strike out the defence as having been filed seven days late. The respondent filed an affidavit in reply on 5 April 2023 and a separate application for extension of time (Misc. Application 0588/2023) on 7 April 2023.

Issues

  1. Whether there is a valid defence on court record.
  2. Whether the respondent's written statement of defence filed seven days late should be struck out for failure to comply with the mandatory 15-day timeline under Order 8 rule 1(2) of the Civil Procedure Rules.
  3. Whether the respondent's counsel's lack of awareness of the date of service of summons constitutes sufficient cause for late filing.

Orders

  • Application stayed pending determination of Miscellaneous Application No. 0588 of 2023.
  • Preliminary point of law raised by the applicant overruled.
  • Miscellaneous Application 0588/2023 to be heard on 6 June 2023 at 9:00 am.

Rules and key headnotes

Civil Procedure — Affidavits in Reply — Time Limits Distinguished from Pleadings
An affidavit in reply, being evidence rather than a pleading in the strict sense, should be filed and served within a reasonable time before the hearing date sufficient to allow the adverse party a fair opportunity to respond, and is not subject to the rigid time constraints applicable to pleadings such as written statements of defence.
Civil Procedure — Defence — Service of Summons — Distinction Between Service on Party and Service on Counsel
Where summons to file defence are served on a party but counsel is not made aware of the service or the date thereof, and counsel files defence within 15 days of receiving instructions from the client, the failure to inform counsel constitutes sufficient cause for late filing and the court will not visit the omission on the client who acted diligently upon instructing counsel.
Civil Procedure — Stay of Proceedings — Powers of Court to Avoid Multiplicity
By virtue of Section 33 of the Judicature Act and Section 98 of the Civil Procedure Act, a court may stay an application to strike out a defence pending determination of a related application for extension of time to file defence, in order to enable all matters in controversy between the parties to be completely and finally determined and to avoid multiplicity of legal proceedings.

Legislation cited (5)

Cases cited (1)

  • Lam-Lagoro v Muni University (Miscellaneous Cause No. 7 of 2016)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ankunda v Housing Finance Bank Limited (Miscellaneous Application 1445 of 2022) [2023] UGCommC 289 (15 May 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.