Wakilii

Asaba and Another (Administrators of the estate of the late Rwaheru Akiiki) v Lubega (Miscellaneous Application No. 2003 of 2021)

High Court · [2022] UGHCLD 2 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file written statement of defence out of time arising from Civil Suit No. 241 of 2021
Decision
Leave granted to file written statement of defence out of time

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court held that mistakes, faults and lapses or dilatory conduct of counsel should not be visited on the litigant. Where former counsel failed to file a defence within time despite being instructed, the applicants who had filed replies to interlocutory applications demonstrated diligence and should not be denied a hearing on the merits. No prejudice is suffered by the respondent if it can be compensated by costs. Application allowed with costs in the cause.

Outcome

Leave granted to file written statement of defence out of time

Facts

The respondent filed Civil Suit No. 241 of 2021 against the applicants. Service was effected on 26 March 2021 through the applicants' then lawyers M/s Matovu N. J & Co. Advocates. On 4 October 2021, the applicants withdrew instructions from their former lawyers and instructed M/s Owoyesigire Muhereza & Co. Advocates. Upon perusal of the court file, new counsel discovered that former counsel had not filed a defence and the time for filing had lapsed. The applicants had however filed replies to the respondent's interlocutory applications for temporary and interim injunctions. The respondent opposed the application, arguing that the applicants had chosen not to file a defence, had applied for default judgment, and demanded UGX 3,000,000 in costs as a condition for consenting to late filing.

Issues

  1. Whether there are sufficient grounds to merit the grant of leave to file out of time a written statement of defence in High Court Civil Suit No. 241 of 2021.

Orders

  • Application allowed.
  • Applicants shall file and serve their written statement of defence within 10 (ten) days from the date of delivering this ruling.
  • Respondent shall file a reply within 7 (seven) days after receiving the written statement of defence.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Extension of Time — Mistakes of Former Counsel
The mistakes, faults, lapses or dilatory conduct of counsel should not be visited on the litigant who has duly instructed counsel to conduct the case.
Civil Procedure — Extension of Time — Sufficient Cause
Time can only be extended if sufficient cause is shown, and such sufficient cause must relate to the inability or failure to take necessary steps within the prescribed time.
Civil Procedure — Administration of Justice — Hearing on Merits
Administration of justice normally requires that the substance of the dispute should be investigated and decided on the merits, and any errors and lapses should not necessarily debar a litigant from pursuing his rights.
Civil Procedure — Prejudice — Compensation by Costs
No prejudice is suffered by a party if it can be compensated by costs.

Legislation cited (3)

Cases cited (6)

  • Rosette Kizito v Administrator General and Others (Supreme Court Civil Application No. 9 of 1996)
  • Hadondi Daniel v Yolam Egondi (Court of Appeal Civil Appeal No. 67 of 2003)
  • Andrew Bamanya v Shamsherali Zaver (Supreme Court Civil Application No. 70 of 2001)
  • Hajati Safina Nababi v Yafesi Lule (Court of Appeal Civil Appeal No. 9 of 1998)
  • Francis W. Bwengye v Haki Bonera (High Court Civil Appeal No. 0033 of 2009)
  • Mohan Kiwanuka v Aisha Chand (Supreme Court Civil Application No. 14 of 2002)

Full judgment

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

Asaba_and_Another_(Administrators_of_the_estate_of_the_late_Rwaheru_Akiiki)_v_Lubega_(Miscellaneous_Application_No._2003_of_2021)_[2022]_UGHCLD_2_(10_January_2022)
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.