Mawa Aziz Ibrahim v ATC Uganda Limited (Miscellaneous Application 2426 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court dismissed the application to strike out the Written Statement of Defence. The respondent's deposit of rent on 12 March 2024 was within the 60-day period when the Christmas vacation exclusion under Order 51 rule 4 was applied. The court validated the Written Statement of Defence under sections 96 and 98 of the Civil Procedure Act. The applicant's mental capacity challenge failed as no court order had declared him legally incapacitated.

Outcome

Application dismissed; Written Statement of Defence validated; matter to proceed to scheduling

Facts

The applicant instituted a summary suit against the respondent for recovery of UGX 134,683,903 as accumulated rent arrears. The respondent applied for leave to appear and defend, which was granted conditionally on 21 December 2023: the respondent was to deposit rent for 2021 and 2022 within 60 days and file a Written Statement of Defence within 15 days after payment. The respondent deposited the required rent on 12 March 2024 and filed its defence on 20 March 2024. The applicant argued the deposit was late (claiming the 60 days expired on 19 February 2024) and sought to strike out the defence and obtain default judgment. The respondent contended that the Christmas vacation period (24 December to 15 January) should be excluded from the computation, making the deadline 13 March 2024. The respondent also challenged the applicant's mental capacity based on a medical report from 2023.

Issues

1. Whether the applicant has the legal capacity to institute this application and if not what is its effect.
2. Whether the substance of the application is time and statute barred and was in fact already settled.
3. Whether the respondent's Written Statement of Defence was filed out of time without leave of Court.

Orders

• Application dismissed.
• The applicant is directed to file their reply to the Written Statement of Defense within 7 days from this ruling.
• The parties are directed to file their pre-trial documents within 10 days from the filing of the reply to the Written Statement of Defense.
• The parties are directed to appear before this court for the scheduling of Civil Suit 0572 of 2023 on 18th December 2025.
• The costs of this application shall abide the outcome of the main suit.

Rules and key headnotes

Legislation cited (19)

• Civil Procedure Act Cap. 282 s.98
• Civil Procedure Act Cap. 282 s.96
• Civil Procedure Rules S.I 71-1 Order 6 rule 30
• Civil Procedure Rules S.I 71-1 Order 52 rule 1
• Civil Procedure Rules S.I 71-1 Order 52 rule 3
• Civil Procedure Rules S.I 71-1 Order 51 rule 4
• Civil Procedure Rules S.I 71-1 Order 51 rule 6
• Civil Procedure Rules S.I 71-1 Order 15 rule 3
• Civil Procedure Rules S.I 71-1 Order 32 rule 15
• Civil Procedure Rules S.I 71-1 Order 7 rule 11
• Mental Health Act Cap. 308 s.2
• Mental Health Act Cap. 308 s.55(1)
• Mental Health Act Cap. 308 s.60
• Mental Health Act Cap. 308 s.60(3)(b)
• Limitation Act Cap. 290 s.3(1)
• Evidence Act Cap. 6 s.101(1)
• Evidence Act Cap. 6 s.101(2)
• Evidence Act Cap. 6 s.102
• Evidence Act Cap. 6 s.103

Cases cited (13)

• Amrat Goyal v Harichand Goyal & 3 Others (2008) ULR 325
• Yahaya Lubega Bukenya v Letshego Uganda Ltd & Anor (Miscellaneous Application No. 157 of 2020)
• Hadondi Daniel v Yolam Engondi (Civil Appeal No. 67 of 2003)
• Harriet Nababiito Nakato v David Lukanga (Civil Suit No. 618 of 2018)
• Israel Kabwa v Martin Banoba [1987] HCB 89
• Bukenya & Another v Bukenya [2007] UGCA 2
• Makhul & Ors v Makhul [1978] HCB 40
• Lomax v Landells (1848) 136 ER 1374
• Porter v Porter [1888] 37 CHD 420
• Echimu Simon Peter v Egwau John Robert and Anor (Miscellaneous Cause No. 04 of 2022)
• Tegras Byeitima and 2 Others v Asaba Jaiden (Civil Application No. 264 of 2013)
• Aliku AA Henry and 8 Others v Jokindua Nason Salim Achio and 7 Others (Civil Appeal No. 0041 of 2019)
• Kiboko Enterprise Limited v Kimbugwe (Miscellaneous Application No. 139 of 2023)

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