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Assoc Prof Akakunda Bwesigye Dennis v Housing Finance Bank Ltd [2023] UGHC 552

High Court · 2023 Application Stayed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application to strike out defence for being filed out of time, arising from Civil Suit No. 678 of 2022
Decision
Application stayed pending determination of respondent's application for extension of time to file defence

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the respondent's defence, though filed seven days late, should not be struck out where counsel was not served with the summons and acted promptly upon receiving instructions. The court stayed the application to strike out the defence pending resolution of the respondent's application for extension of time, in the interest of justice.

Outcome

Application stayed pending determination of respondent's application for extension of time to file defence

Facts

The applicant filed Civil Suit No. 678 of 2022 against the respondent bank. Summons to file a defence was served on the respondent bank on 23 August 2022. On 1 September 2022, the bank instructed its lawyers by email to file a defence, attaching the plaint but not the summons. The lawyers filed a Written Statement of Defence on 13 September 2022, believing they were within the 15-day period from receipt of instructions. The defence was filed seven days after the deadline calculated from service of summons on 23 August 2022. The applicant then filed Misc. Application No. 1445 of 2022 seeking to strike out the defence. The respondent filed an affidavit in reply on 5 April 2023 and subsequently filed Misc. Application 0588/2023 seeking extension of time to file the defence.

Issues

  1. Whether there is a valid defence on court record.

Orders

  • Application to strike out defence stayed pending resolution of Misc. Application 0588/2023.
  • Misc. Application 0588/2023 to be heard on 6th June 2023 at 9:00 am.

Rules and key headnotes

Civil Procedure — Defence — Time for Filing — Service of Summons on Party versus Counsel
Where summons to file a defence is served on a party but not on their counsel, and counsel files a defence within 15 days of receiving instructions but outside the statutory period calculated from service on the party, the court may exercise discretion to preserve the defence in the interest of justice, particularly where counsel acted promptly upon receiving instructions and was unaware of the earlier service.

Cases cited (1)

  • Lam-Laooro v Muni University (Misc. 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.

Assoc Prof Akakunda Bwesigye Dennis v Housing Finance Bank Ltd 2023 UGHC 552 (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.