Wakilii

Opio and Another v Turkish Investments Limited (Miscellaneous Application No. 1110 of 2021)

High Court · [2022] UGCOMMC 66 · 2022 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 out of time arising from civil suit
Decision
Leave granted to file defence out of time; matter to proceed to hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted leave to file a defence out of time. The delay was satisfactorily explained by COVID-19 lockdown restrictions that curtailed movement from 18 June to August 2021. The presidential directive restricted lawyers' movements despite court registry remaining open. Filing the application in early September 2021, shortly after lockdown ended and within three months of service, was not considered excessive delay.

Outcome

Leave granted to file defence out of time; matter to proceed to hearing on merits

Facts

The applicants were served with summons on 18 June 2021 to file a defence in Civil Suit No. 424 of 2021. They instructed lawyers to file a defence but could not do so due to COVID-19 lockdown restrictions imposed by presidential directive on 18 June 2021, which curtailed movement for 42 days until August 2021. The applicants filed this application for leave to file defence out of time on 6 September 2021, shortly after the lockdown ended. The respondent opposed, arguing that court registry remained open for filing pleadings despite the lockdown.

Issues

  1. Whether the applicants should be granted leave to file a written statement of defence out of time.
  2. Whether the delay in filing the defence was satisfactorily explained.

Orders

  • Application allowed.
  • Applicants/Defendants directed to file their defence within 15 days from the date of the ruling.
  • Costs to abide the outcome of the main suit.

Rules and key headnotes

Civil Procedure — Extension of Time — Leave to File Defence Out of Time — Test for Granting Leave
Unless the court concludes there was intentional delay or gross negligence in not filing a defence timeously or in approaching the court after learning of proceedings, delay should normally be condoned.
Civil Procedure — Extension of Time — Sufficient Cause — COVID-19 Lockdown Restrictions
COVID-19 lockdown restrictions that curtailed lawyers' movements constitute sufficient cause for delay in filing pleadings, even where court registry remained open for filing, because presidential directives restricted physical movement.
Civil Procedure — Extension of Time — What Constitutes Delay — Application Filed Shortly After Impediment Removed
Filing an application for leave to file defence out of time within a few days after lockdown restrictions ended, and overall within three months of service of summons, does not constitute excessive delay.

Legislation cited (6)

Cases cited (2)

  • Bankone Limited v Simbamanyo Estates Limited (Miscellaneous Application No. 645 of 2020)
  • Utex Industries Ltd v Attorney General (Civil Appeal No. 52 of 1995)

Full judgment

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

Opio and Another v Turkish Investments Limited (Miscellaneous Application No. 1110 of 2021) [2022] UGCommC 66 (21 June 2022)
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.