Wakilii

Kasirabo v Kampala International University (Miscellaneous Application No. 190 of 2019)

Industrial Court · [2020] UGIC 9 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for reinstatement of dismissed labour dispute claim
Decision
Application for reinstatement dismissed for failure to serve notice of motion within prescribed time

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that service of a notice of motion must comply with Order 5 rule 1(2) of the Civil Procedure Rules requiring service within 21 days from the date of endorsement by the registrar. Where service is effected outside this period and no application for extension of time is made within 15 days after expiration of the 21 days, the application must be dismissed under Order 5 rule 1(3). Time runs from the date of endorsement, not filing. No affidavit in reply is required to raise a preliminary objection on a point of law.

Outcome

Application for reinstatement dismissed for failure to serve notice of motion within prescribed time

Facts

The applicant filed LDC 203/2016 which was fixed for hearing on 4 February 2019. Neither party nor their counsel appeared on that date and the court dismissed the claim for want of prosecution. The applicant filed a notice of motion on 8 February 2019 seeking reinstatement. The registrar endorsed the notice of motion on 29 April 2019. The applicant served the respondent after 20 May 2019, beyond the 21-day period prescribed by Order 5 rule 1(2) of the Civil Procedure Rules. The applicant did not apply for extension of time within the 15 days allowed after expiration of the 21-day period. The respondent raised a preliminary objection that the notice of motion was served out of time.

Issues

  1. Whether the notice of motion was served within the time prescribed by the Civil Procedure Rules.
  2. Whether the court should grant extension of time for service of the notice of motion.
  3. Whether the respondent was required to file an affidavit in reply before raising a preliminary objection on a point of law.

Orders

  • Application dismissed under Order 5 rule 1(3) of the Civil Procedure Rules.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Service of Process — Notice of Motion — Time Limits
Service of a notice of motion must comply with the procedure for service of summons under Order 5 rule 1(2) of the Civil Procedure Rules, requiring service within 21 days from the date of endorsement by the registrar.
Civil Procedure — Service of Process — Computation of Time — Date from Which Time Runs
Time for service of court process begins to run from the date of endorsement by the registrar, not from the date of filing, and it is the duty of the applicant to be vigilant in pursuing the case by following up and serving the process within the prescribed time.
Civil Procedure — Extension of Time — Application for Extension — Time Limits
Where service of a notice of motion is not effected within 21 days from the date of endorsement, an application for extension of time must be made within 15 days after expiration of the 21 days, failing which the application must be dismissed under Order 5 rule 1(3) of the Civil Procedure Rules.
Civil Procedure — Preliminary Objections — Points of Law — Affidavit in Reply
A respondent is not required to file an affidavit in reply before raising a preliminary objection on a point of law, as a point of law is not evidence and the court applies the law to the evidence available from the applicant.

Legislation cited (4)

Cases cited (3)

  • Frederick James Jjunju & Luwedde Vicoria v Madhvani Group Ltd and Commissioner Land Registration (Miscellaneous Application No. 688 of 2015)
  • Amdan v Stanbic Bank (U) Ltd (HCMA No. 900 of 2013)
  • Kanyabwera Vs Tumwebwa (2005) 2 EA 86

Full judgment

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

Kasirabo_v_Kampala_International_University_(Miscellaneous_Application_No._190_of_2019)_[2020]_UGIC_9_(28_February_2020)
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.