Wakilii

Bashigare v Akankwasa and 8 Others (Civil Appeal 47 of 2010)

High Court · [2015] UGHCLD 1 · 2015 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court decision on preliminary objections to joint defence in a land trespass suit
Decision
Appeal dismissed and matter remitted to Chief Magistrate's Court for trial on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the appeal, holding that multiple defendants in a civil suit may file a joint defence without violating the Civil Procedure Rules. Order 1 r.12 CPR on authorisation to plead applies only where one party appears on behalf of others, not where all defendants participate. Order 8 r.1 read with Order 1 r.3 CPR does not require separate defences where defendants are properly joined. A defence filed one day late does not warrant striking out, particularly where the plaintiff did not proceed ex parte under Order 9 r.10. The trial magistrate correctly exercised discretion under SI 13-3 r.6 to permit late payment of court fees.

Outcome

Appeal dismissed and matter remitted to Chief Magistrate's Court for trial on the merits

Facts

The appellant sued nine respondents for trespass to land in Rukungiri district, seeking a declaration of trespass, vacant possession, and a permanent injunction. The respondents filed a joint defence. The appellant raised four preliminary objections: that the joint defence was omnibus and barred by law; that it was frivolous and vexatious; that no court fees were paid; and that it contained only denials. The trial magistrate dismissed all objections, finding no prohibition on joint defences and granting leave to pay fees out of time. The appellant appealed on three grounds relating to these rulings.

Issues

  1. Whether the trial magistrate erred in disallowing the appellant's preliminary objections to the joint defence.
  2. Whether the trial magistrate erred in failing to strike off the written statement of defence filed out of time.
  3. Whether the trial magistrate erred in granting leave to file a defence out of time when the preliminary objections were not contested.

Orders

  • Appeal dismissed.
  • Costs to the respondents.
  • File remitted back to the trial court for full trial to commence.

Rules and key headnotes

Civil Procedure — Multiple Defendants — Joint Defence — Permissibility under Civil Procedure Rules
Where multiple defendants are properly joined in one suit under Order 1 r.3 of the Civil Procedure Rules, there is no requirement that each defendant file a separate defence; a joint defence by all defendants is permissible.
Civil Procedure — Written Statement of Defence — Order 1 r.12 CPR — Scope of Application
Order 1 r.12 of the Civil Procedure Rules applies only where one party is authorised in writing by others to appear, plead or act on their behalf; it does not prohibit all defendants from appearing and filing a joint defence where each participates in the proceedings.
Civil Procedure — Defence Filed Out of Time — Court's Discretion — Interest of Justice
A court ought not to exclude a defence filed out of time as it would prevent the court from hearing the suit on merit; where a defence is filed one day late and the plaintiff does not proceed ex parte under Order 9 r.10, the plaintiff cannot later object to the late defence.
Civil Procedure — Court Fees — Late Payment — Judicial Discretion under SI 13-3 r.6
Where a document requiring court fees has been received, filed, or used in court through mistake or inadvertence without proper fees having been paid, the court may exercise its discretion under Rule 6 of the Judicature (Court Fees, Fines and Deposits) Rules SI 13-3 to order payment of fees out of time, particularly where parties have already acted on the document.
Civil Procedure — Pleadings — Specific Denials — Order 8 r.3 CPR
A defence containing specific denials of facts raised in the plaint satisfies Order 8 r.3 of the Civil Procedure Rules, which requires a defendant to make specific denials to avoid allegations being deemed admitted; mere denials do not render a defence defective where material facts are pleaded.

Legislation cited (9)

Cases cited (2)

  • Joy Kaingana and Another v Dabo Boubon (1986) HCB 59
  • Robinson v Oluoch [1971] EA 374

Full judgment

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

Bashigare v Akankwasa and 8 Others (Civil Appeal 47 of 2010) [2015] UGHCLD 1 (5 October 2015)
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.