Wakilii

Kawuki Hadadi v Tamale Vicent (Miscellaneous Application No. 627 of 2024)

High Court · [2024] UGHCLD 320 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file written statement of defence and counterclaim out of time arising from civil suit
Decision
Application granted; leave given to file defence and counterclaim by 18 June 2024

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted leave to file defence out of time. The applicant had paid his lawyer to file defence and counterclaim, but the lawyer failed to do so. The court held this was professional negligence that should not be visited on an innocent litigant. No prejudice would result from allowing interparty hearing. Sufficient cause was established for extension of time under Civil Procedure Rules Order 51 rule 6.

Outcome

Application granted; leave given to file defence and counterclaim by 18 June 2024

Facts

The respondent filed Civil Suit No. 790 of 2022 on 7 September 2022 claiming trespass, breach of contract, and recovery of UGX 70,000,000 being balance due for land sale. The applicant was served on 26 October 2022. The applicant paid his lawyer UGX 2,500,000 on 24 October 2022 to file defence and counterclaim, but the lawyer failed to file these documents. The applicant attended court proceedings for a temporary injunction application. In 2024, the applicant discovered no defence had been filed and instructed new counsel, who brought this application for leave to file defence out of time.

Issues

  1. Whether the application meets the grounds for the grant of leave to file a written statement of defence out of time

Orders

  • The application to file the applicant's written statement of defence and counterclaim is allowed.
  • The applicant must file his written statement of defence and counterclaim in HCCS No. 790 of 2022 not later than 18th June 2024.
  • HCCS No. 790 of 2022 shall be mentioned on 1st October at 9:30am.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Extension of Time — Sufficient Cause — Lawyer's Negligence Not Visited on Innocent Litigant
Where a litigant has paid and instructed counsel to file pleadings and counsel fails to do so, this constitutes sufficient cause for extension of time to file out of time, and the mistake of counsel ought not to be visited on an innocent litigant.
Civil Procedure — Extension of Time — Judicial Discretion — Factors to Consider
The determination of sufficient cause for extension of time is dependent on judicial discretion and the merits of each case, considering factors such as the conduct of the parties, whether denial would occasion injustice, multiplicity of suits, and whether justice can be better served by hearing both sides.
Civil Procedure — Extension of Time — Litigant's Duty of Diligence
A litigant cannot afford to be complacent or passive regarding his case and is expected to follow up his case with his lawyer, and in the event of inaction by the lawyer, should engage new counsel to ensure instructions are acted upon in a timely manner.

Legislation cited (7)

Cases cited (4)

  • Kyegegwa District Local Government v Aharikundira Margaret (Miscellaneous Application No. 0025 of 2022)
  • Hadondi Daniel v Yolam Egondi (Court of Appeal Civil Appeal No. 67 of 2003)
  • Bishop Jacinto Kibuuka v The Uganda Catholic Lawyers Society & 2 Ors (Miscellaneous Application No. 696 of 2018)
  • Kananura Kansiimwe Andrew v Richard Henry Kaijuka (Supreme Court Constitutional 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.

Kawuki_Hadadi_v_Tamale_Vicent_(Miscellaneous_Application_No._627_of_2024)_[2024]_UGHCLD_320_(14_March_2024)
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.