Wakilii

Asp Ndekezi Patrick and Others v Guild Frank Forex Bureau Ltd (Miscellaneous Application No.1428 of 2025)

High Court · [2025] UGCOMMC 355 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enlargement of time to file written statement of defence arising from Civil Suit No. 1099 of 2024
Decision
Application granted; joint defence validated; individual defences struck off

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application to validate a joint written statement of defence filed out of time by the Attorney General's Chambers on behalf of police officer defendants. The court found sufficient cause for the delay, which arose from administrative processes within the Uganda Police Force and the Attorney General's Chambers, not from the applicants' negligence. The court struck off individual defences previously filed by private counsel and validated the joint defence, applying Article 126(2)(e) of the Constitution to administer substantive justice over technicalities.

Outcome

Application granted; joint defence validated; individual defences struck off

Facts

The applicants are police officers who were defendants in Civil Suit No. 1099 of 2024. They were served with summons in October 2024. The 2nd, 3rd and 4th applicants filed defences through private counsel on 21 October 2024, and the 1st and 5th applicants filed defences through different private counsel on 12 November 2024. The respondent filed replies to both defences in November 2024. Meanwhile, the applicants had requested legal representation from the Inspector General of Police on 31 October 2024. The file was allocated to the Directorate of Human Rights and Legal Services on 9 January 2025, which then sought representation from the Attorney General's Chambers on 13 January 2025. On 30 January 2025, the Attorney General's Chambers filed a joint written statement of defence for all applicants, unaware that individual defences had already been filed. When this duplication was discovered, the State Attorney sought to strike out the individual defences and maintain only the joint defence. The respondent objected that the joint defence was filed out of time, after pleadings had closed. The court was asked to validate the joint defence or enlarge time for filing.

Issues

  1. Whether the time within which to file the Applicants' written statement of defence should be enlarged?
  2. What remedies are available to the parties?
  3. Whether the application rests on incompetent affidavits?
  4. Whether the affidavit in rejoinder was filed out of time?
  5. Whether this application is an abuse of the Court process?

Orders

  • The Applicants' written statement of defence filed by the Attorney General on 30th January, 2025 dated 25th January, 2025 is hereby validated.
  • The written statements of defence filed individually by each Applicant are hereby struck off the record.
  • The Respondent shall file and serve its reply to the Applicants' joint written statement of defence within fifteen (15) days from the date of this Ruling.
  • Costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Extension of Time — Sufficient Cause — Delay Not Attributable to Applicant
Where a delay in filing a defence arises from administrative processes within government institutions and not from the applicant's negligence or lack of bona fides, sufficient cause exists to warrant enlargement of time under Section 96 of the Civil Procedure Act and Order 51 rule 6 of the Civil Procedure Rules.
Civil Procedure — Affidavits — Competence — Deponent's Knowledge
An affidavit is competent where the deponent demonstrates personal knowledge of the facts through involvement in the management of the matter, even if the deponent is not a party to the proceedings.
Civil Procedure — Substantive Justice — Technical Irregularities
Under Article 126(2)(e) of the Constitution, courts must administer substantive justice and avoid undue emphasis on technicalities, including minor delays in filing affidavits in rejoinder where no prejudice is demonstrated.

Legislation cited (10)

Cases cited (9)

  • Oriental Insurance Brokers Limited v Transocean (U) Limited (Supreme Court Civil Appeal No. 55 of 1995)
  • Uganda Telecom Ltd v ZTE Corporation (Supreme Court Civil Appeal No. 3 of 2017)
  • Namutebi Matilda v Ssemanda Simon and 2 Others (High Court Miscellaneous Application No. 430 of 2021)
  • Kasaala Growers Co-operative Society v Kakooza Jonathan and Another (Supreme Court Civil Appeal No. 19 of 2010)
  • Water & Environment Media Network (U) Ltd & 2 Others v National Environmental Management Authority & Another (Consolidated Miscellaneous Cause Nos. 239 & 255 of 2020)
  • Dr. Wasswa Joseph Matovu v Makerere University and 2 Others (Supreme Court Civil Application No. 11 of 2021)
  • Hadondi Daniel v Yolamu Egondi (Court of Appeal Civil Appeal No. 67 of 2003)
  • Gideon Mosa Onchwati Vs Kenya Oil Co. Ltd and Another [2017] eKLR 30
  • Parimal Vs Veena Alias Bhati [2011] 3 SCC 545

Full judgment

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

Asp Ndekezi Patrick and Others v Guild Frank Forex Bureau Ltd (Miscellaneous Application No.1428 of 2025) [2025] UGCommC 355 (30 September 2025)
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.