Wakilii

Essoa Nkoy and Others v Hamid Tall (Miscellaneous Application No. 2412 of 2025)

High Court · [2026] UGCOMMC 147 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file defence out of time arising from Civil Suit No. 1106 of 2025
Decision
Application dismissed; interlocutory judgment entered for respondent in main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for leave to file defence out of time. The applicants failed to file a notice of change of advocates as required by the Advocates (Professional Conduct) Regulations, rendering the application incompetent. The affidavit in support did not establish when the applicants learned their defence had not been filed or when new counsel was instructed. The draft defence was prepared by the former advocates, not the purported new counsel, suggesting collusion and abuse of process. Interlocutory judgment was entered for the respondent in the main suit.

Outcome

Application dismissed; interlocutory judgment entered for respondent in main suit

Facts

The applicants were defendants in Civil Suit No. 1106 of 2025 represented by M/s Sail Advocates. Sail Advocates failed to file a written statement of defence within time despite being served with court process. The applicants then purportedly instructed M/s Lux Advocates to file an application for leave to file the defence out of time. The application was filed on 27 October 2025, less than three weeks after service of the summons. However, no notice of change of advocates or notice of instructions was filed on the court record. The draft defence attached to the application was prepared by Sail Advocates, not Lux Advocates. The respondent opposed the application, alleging abuse of process and collusion between the two law firms.

Issues

  1. Whether the applicants should be granted leave to file their defence out of time.
  2. Whether the purported new counsel had proper instructions to act for the applicants in the absence of a notice of change of advocates.
  3. Whether sufficient cause was shown to warrant the grant of leave.

Orders

  • Application dismissed with costs to the respondent.
  • Interlocutory judgment in Civil Suit No. 1106 of 2025 entered in favour of the respondent/plaintiff.

Rules and key headnotes

Legal Representation — Notice of Instructions — Requirement for Advocate to File Notice Before Acting
An advocate has no authority to act for any person unless he or she has received instructions from that person or their duly authorised agent, and a notice of instructions or change of advocates must be filed on the court record before the advocate can properly represent a party in proceedings.
Applications for Extension of Time — Burden to Show Sufficient Cause
An applicant seeking leave to file a defence out of time must demonstrate sufficient cause by providing clear evidence of when they learned of the default, when new counsel was instructed, and the reasons for the delay, failing which the application will be dismissed.
Mistake of Counsel — Limits of the Defence
While mistakes and lapses of counsel should ordinarily not be visited on the litigant, this is not a blanket defence, and a litigant cannot afford to be complacent or passive but is expected to follow up with their lawyer to ensure procedural steps are taken.

Legislation cited (1)

  • Advocates (Professional Conduct) Regulations Regulation 2(1)

Cases cited (6)

  • Lakhman Bhimji v Manor Developments Ltd (Miscellaneous Application No. 105 of 2010)
  • Kabale Housing Estates Tenants Association v Kabale Municipal Local Council (Civil Appeal No. 15 of 2013)
  • Danish Mercantile Co. Limited vs Beamont & Anor. (1951) Ch.CA 680
  • Okodoi George & Anor v Okello Opaire Sam (Miscellaneous Application No. 143 of 2016)
  • Roussos v Gulam Hussein Habib Virani & Anor (Civil Appeal No. 9 of 1993)
  • Kananura Andrew Kansiime v Richard Henry Kaijuka (Civil Reference No. 15 of 2016)

Full judgment

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

Essoa Nkoy and Others v Hamid Tall (Miscellaneous Application No. 2412 of 2025) [2026] UGCommC 147 (27 March 2026)
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.