Wakilii

Mande Sekiziyivu (Administrator for the estate of late Sajjabi) v Mulindwa (Miscellaneous Application No. 44 of 2021)

High Court · [2021] UGHCFD 215 · 2021 Application Granted 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 Administration Cause No. 007 of 2008
Decision
Applicant granted leave to file defence out of time; ex parte order set aside

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Holding

The court granted the applicant leave to file his defence out of time. Medical evidence established that the applicant was hospitalised during the period when the defence was due. The delay between service of summons and filing the application was not inordinate given the illness. Sickness preventing compliance with procedural timelines constitutes sufficient cause for extension of time where proved by medical records.

Outcome

Applicant granted leave to file defence out of time; ex parte order set aside

Facts

The applicant was served with summons to file a defence on 2 March 2021. He failed to file a defence within the prescribed 15 days under Order 8 Rule 2 of the Civil Procedure Rules. The Registrar allowed the suit to proceed ex parte. On 13 April 2021, the applicant applied for leave to file his defence out of time, stating he had been hospitalised from 1 March to 27 March 2021. The respondent opposed the application, contending that the applicant was served at home on 2 March 2021 and that even after discharge on 27 March, the applicant delayed filing the application until 10 April 2021. The applicant produced medical records showing hospitalisation from 1 March to 20 March 2021.

Issues

  1. Whether the applicant has shown sufficient cause to be granted leave to file his defence out of time.
  2. Whether the applicant's illness constituted sufficient reason for his failure to file a defence within the prescribed time.

Orders

  • Application allowed.
  • The order made by the Registrar allowing the suit to proceed ex parte is hereby set aside.
  • Costs will be in the main cause.

Rules and key headnotes

Civil Procedure — Extension of Time — Sufficient Cause — Illness as Ground
Sickness constitutes sufficient cause for failing to take a procedural step in time if it is proved that the applicant was ill during the period when the step should have been taken and that such sickness was of such nature as to prevent the applicant from taking the necessary steps.
Civil Procedure — Extension of Time — Factors to be Considered
In determining an application for extension of time, the court must consider: (i) the length of delay; (ii) the reason for delay; (iii) the possibility or chances of success; and (iv) the degree of prejudice to the other party.
Civil Procedure — Inherent Powers of Court — Section 98 Civil Procedure Act
The inherent power of the court under Section 98 of the Civil Procedure Act enables the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court, notwithstanding procedural timelines.
Civil Procedure — Constitutional Principle — Administration of Justice Without Undue Regard to Technicalities
Article 126(2)(e) of the Constitution requires that justice be administered without undue regard to technicalities, and this principle applies in determining whether to grant procedural relief such as leave to file a defence out of time.

Legislation cited (4)

Cases cited (4)

  • Florence Nabalanzi v Naome Binsobedde (Supreme Court Civil Appeal No. 6 of 1987)
  • HIKmakyamanya vs Sajabi Chris CACA No. 1 of 2006
  • Hadondi Daniel v Yolam Egondi (Court of Appeal Civil Appeal No. 67 of 2003)
  • Mulindwa v Kisubika (Civil Appeal No. 12 of 2014)

Full judgment

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

Mande Sekiziyivu (Administrator for the estate of late Sajjabi) v Mulindwa (Miscellaneous Application No. 44 of 2021) [2021] UGHCFD 215 (1 October 2021)
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.