Wakilii

Seguya v Namutebi (Miscellaneous Application 242 of 2024)

High Court · [2024] UGHCLD 149 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out written statement of defence filed out of time, arising from civil suit for trespass
Decision
Application dismissed. Respondent's written statement of defence not struck out pending determination of validation application.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court dismissed an application to strike out a defence filed after the 15-day statutory period where the respondent had filed a pending application seeking leave to validate the late filing. Striking out the defence while a validation application was pending would shut the doors of justice to the respondent who had taken necessary steps to comply with procedural rules.

Outcome

Application dismissed. Respondent's written statement of defence not struck out pending determination of validation application.

Facts

The applicant filed Civil Suit No. 1290 of 2023 for trespass on 17 November 2023. Summons to file defence were served on the respondent on 29 November 2023. The respondent filed her written statement of defence on 10 January 2024, outside the 15-day statutory period prescribed by Order 8 rule 1(2) of the Civil Procedure Rules. The deadline for filing defence was 18 December 2023. The respondent explained the delay as mistake of her former counsel and instructed new counsel to file an application for leave to validate the defence filed out of time. That validation application was pending before the court at the time of this ruling.

Issues

  1. Whether the written statement of defence in Civil Suit No.1290 of 2023 should be struck out for being filed out of time without leave.
  2. What remedies are available to the parties.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Time Limits — Defence Filed Out of Time — Pending Application for Validation — Application to Strike Out
Where a defendant has filed a written statement of defence outside the statutory 15-day period but has subsequently filed an application seeking leave of court to validate that late filing, the court will not strike out the defence while the validation application is pending, as doing so would shut the doors of justice to a party who has taken necessary steps to comply with procedural rules.

Legislation cited (8)

Cases cited (1)

  • Hadondi Daniel v Yolam Egondi (Civil Appeal No. 67 of 2003)

Full judgment

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

Seguya_v_Namutebi_(Miscellaneous_Application_242_of_2024)_[2024]_UGHCLD_149_(30_May_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.