Wakilii

Nassar v I .S and M Holdings Limited and Another (Miscellaneous Application 415 of 2023; Miscellaneous Application 904 of 2023)

High Court · [2024] UGHCLD 13 · 2024 Preliminary Objections Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objections in miscellaneous application arising from underlying civil suit
Decision
Preliminary objections upheld; rejoinder struck out; application to proceed on remaining pleadings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that a rejoinder to a reply in a miscellaneous application requires leave of Court under the Civil Procedure Rules, which provide only for an application and a reply. Where no leave was sought, the rejoinder was improperly filed and rejected. Witness summons issued by the Registrar without Court proceedings or order were cancelled. All preliminary objections were upheld.

Outcome

Preliminary objections upheld; rejoinder struck out; application to proceed on remaining pleadings

Facts

This was a miscellaneous application arising from an underlying civil suit. The applicant filed affidavits in support of the application. The respondent filed affidavits in reply. The applicant then filed an affidavit in rejoinder without seeking leave of Court. The respondent raised three preliminary objections: that the rejoinder was filed without leave; that it raised fresh matters; and that witness summons were wrongfully issued by the Registrar without Court order. The hearing of the application was scheduled for 30 October 2023, with the respondent's reply served on the morning of 16 October 2023. The applicant argued that pleadings had not closed because substantive hearing had not commenced, and that the practice for 35 years had been to file rejoinders without leave.

Issues

  1. Whether affidavits in rejoinder were wrongfully filed without leave of Court.
  2. Whether the affidavit in rejoinder was bad in law for raising fresh matters.
  3. Whether witness summons were wrongfully issued by the Registrar.

Orders

  • Rejoinder affidavit rejected as improperly filed without leave of Court.
  • Witness summons issued by the Registrar cancelled for having been issued in error.
  • All preliminary objections upheld.
  • Application to proceed on the basis of the affidavit in support and the replies only.

Rules and key headnotes

Civil Procedure — Pleadings — Rejoinders — Requirement for Leave of Court
Under the Civil Procedure Rules Order 8 Rule 18(5), a pleading subsequent to the reply requires leave of Court, and the practice of filing rejoinders without leave is a bad practice likely to cause prolonged pleadings and delay trials.
Civil Procedure — Witness Summons — Improper Issuance by Registrar
Witness summons issued by a Registrar without any Court proceedings or order are invalid and must be cancelled for having been issued in error.

Legislation cited (1)

Full judgment

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Nassar_v_I_.S_and_M_Holdings_Limited_and_Another_(Miscellaneous_Application_415_of_2023;_Miscellaneous_Application_904_of_2023)_[2024]_UGHCLD_13_(12_January_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.