Bakarwerenza v Great Lakes Coffee Company Limited (Miscellaneous Application No. 93 of 2021)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application for leave to file defence out of time dismissed as unnecessary. The trial judge had already granted the defendant an opportunity to defend on 5 October 2021 when he noted 'let the defendant be given a chance to defend'. The application was filed on the same day without proper reference to the court record showing leave had already been granted.

Outcome

Application dismissed but applicant given 15 days to file defence pursuant to earlier order of trial judge

Facts

The applicant was defendant in Civil Suit No. 0038 of 2019. He was served by substituted service on 19 September 2019. He claimed he was hospitalised with Brucellosis and Malaria from 18 September to 2 October 2019, then arrested and remanded in December 2019 until May 2020 on related charges. He learned of the suit through a friend who saw it on the cause list on 4 October 2021. On 5 October 2021, when the applicant appeared in court and informed the judge he had been sick, the trial judge noted 'let the defendant be given a chance to defend'. On the same day, the applicant filed the present application seeking leave to file defence out of time.

Issues

1. Whether the Applicant should be granted leave to file his written statement of defence out of time.

Orders

• Application dismissed as leave to file a defence had already been granted.
• No order as to costs as the Respondent did not respond to the Application.
• The Applicant is given 15 days from the date of delivery of this ruling to file and serve his defence.
• Civil Suit No. 0038 of 2019 is fixed for mention on 28 April 2023.

Rules and key headnotes

Legislation cited (4)

• Civil Procedure Rules Order 9 rule 12
• Civil Procedure Rules Order 51 rule 6
• Civil Procedure Rules Order 52 rule 1
• Civil Procedure Act s.98

Cases cited (3)

• Hadondi Daniel v Yolam Egondi (Court of Appeal Civil Appeal No. 67 of 2003)
• Mohan Kiwanuka v Aisha Chand (Supreme Court Civil Appeal No. 14 of 2002)
• Kabarole District Local Government v Gun Paper Industries Limited (Miscellaneous Application No. 102 of 2022)

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Mukhono v Kimono Kimaswa and 13 Others (Civil Application No. 477 of 2022)
• Mukhono v Kimono and Others (Civil Application No. 477 of 2022)

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