Gideon Mwesigye and Others v Namara Edith (Civil Miscellaneous Application 338 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that failure to file a reply to a counterclaim does not entitle the counterclaimant to judgment on admission under Order 13 Rule 6 of the Civil Procedure Rules. Order 8 Rule 18(5) places a party who fails to file a reply to a counterclaim in the same position as a party who fails to file a defence, and the appropriate remedy depends on the nature of the claim. The application was dismissed.
Outcome
Application for judgment on admission dismissed
Facts
The Applicants filed a counterclaim in Civil Suit No. 69 of 2024 on 2 July 2024 and served it on the Respondent's advocates. The Applicants contended that the Respondent failed to file a reply to the counterclaim within the statutory period of 15 days prescribed by Order 8 Rule 11(1) of the Civil Procedure Rules. The Respondent's advocate only served the reply on 6 September 2024, which was 42 days after the counterclaim was filed. The Applicants sought judgment on admission under Order 8 Rule 18(5) and Order 13 Rule 6 of the Civil Procedure Rules, arguing that the Respondent's failure to reply within time deemed the facts in the counterclaim admitted. The Respondent argued that a reply had been filed on 9 July 2024 and endorsed by the Deputy Registrar on 16 July 2024, and that no admission had been made.
Issues
- Whether the Applicants are entitled to judgment on admission against the Respondent for failure to file a reply to the counterclaim within the statutory period.
- Whether Order 8 Rule 18(5) of the Civil Procedure Rules entitles a counterclaimant to apply for judgment on admission under Order 13 Rule 6 when no reply to counterclaim is filed.
Orders
- Application dismissed.
Rules and key headnotes
Legislation cited (9)
- Civil Procedure Act Cap 282 s.98
- Judicature Act Cap 16 s.33
- Civil Procedure Rules SI 71-1 Order 8 Rule 18(5)
- Civil Procedure Rules SI 71-1 Order 8 Rule 20
- Civil Procedure Rules SI 71-1 Order 8 Rule 11(1)
- Civil Procedure Rules SI 71-1 Order 13 Rule 6
- Civil Procedure Rules SI 71-1 Order 9 Rule 6
- Civil Procedure Rules SI 71-1 Order 9 Rule 10
- Civil Procedure Rules SI 71-1 Order 36 Rule 3(2)
Cases cited (1)
- Eric Ntungura v Jane Mwesigwa (High Court Civil Suit No. 71 of 2005)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.