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Mwiru Paul v National Council for Higher Education and Others (Civil Appeal No 86 of 2017) [2021] UGCA 230 (9 September 2021)
- Citation
- [2021] UGCA 230
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Panel
- Madrama, JA, Mulyagonja, JA, Monica K. Mugenyi, JA
- Case number
- Civil Appeal No 86 of 2017
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Panel
- Madrama, JA, Mulyagonja, JA, Monica K. Mugenyi, JA
- Case number
- Civil Appeal No 86 of 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court allowed the reference on the basis that both parties had agreed the time originally given to the appellant to file the affidavit in rejoinder was insufficient. Since there was no objection from the respondents and no prejudice would be caused, the court exercised its discretion to extend the time for filing the agreed evidence. The appellant's affidavit in rejoinder was validated and admitted on record by order of the court. The parties were granted leave to address the court on the additional and agreed evidence. The reference was allowed with costs in the cause.
Court disposition
reference allowed
Orders
- Time for filing the agreed additional evidence is extended.
- The appellant's affidavit in rejoinder on record is validated by order.
- Parties have leave to address the court on the additional and agreed evidence.
- Reference allowed with costs in the cause.
02
Material facts
Parties
Mwrru Paul
AppellantNational Council for Higher Education and 2 others
Respondent03
Procedural history
Posture
Civil Appeal / Ruling on Reference
04
Questions and positions
Legal issues
- 01
Whether the appellant should be granted an extension of time to file additional evidence outside the period previously fixed by the single Justice.
- 02
Whether the affidavit in rejoinder filed by the appellant should be validated and admitted on record.
Party arguments
- Applicant
- The appellant's counsel submitted that the parties had agreed to allow additional evidence to be filed outside the original 10-day period set by the single Justice, as the time previously given was insufficient for the appellant to file the affidavit in rejoinder.
- Respondent
- The respondents' counsel conceded to the orders sought in the reference and agreed to the extension of time for filing the additional evidence, raising no objection to the appellant's request.
05
Court’s reasoning
Legal principles
- 01
Court practice and inherent jurisdiction
Courts have discretion to extend procedural timelines where parties consent and no prejudice is occasioned to any party.
- 02
Civil Procedure Rules, general principles
Affidavits and additional evidence may be admitted out of time where justified and agreed by parties.
06
Ratio, limits and disposition
Ratio decidendi
The court allowed the reference on the basis that both parties had agreed the time originally given to the appellant to file the affidavit in rejoinder was insufficient. Since there was no objection from the respondents and no prejudice would be caused, the court exercised its discretion to extend the time for filing the agreed evidence. The appellant's affidavit in rejoinder was validated and admitted on record by order of the court. The parties were granted leave to address the court on the additional and agreed evidence. The reference was allowed with costs in the cause.
Obiter and limits
- Where parties consent to procedural variations and no prejudice is caused, courts should facilitate the just resolution of matters by allowing reasonable extensions of time.
- The validation of affidavits filed out of time is consistent with the overriding objective of ensuring substantive justice.
Court disposition
reference allowed
- Time for filing the agreed additional evidence is extended.
- The appellant's affidavit in rejoinder on record is validated by order.
- Parties have leave to address the court on the additional and agreed evidence.
- Reference allowed with costs in the cause.
Source and reliance status
Court of Appeal of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal of Uganda
Judgment
THE REPUBLIC OF UGANDA
IN THE COURT OF UGANDA AT KAMPALA
CIVIL APPEAL NO 0086 OF 2017
MWrRU PAUL) APPELLANT
VERSUS
N IONAL COUNCIL FOR HIGHER EDUCATION
A D 2 oTHERS) RESPONDENTS
RULING OF COURT
cn fo ha l0 en this reference for hearing, the appettants counsel informed court that the parties agreed to have additionaI evidence attowed by the single Justice to be fited within ays f rom the date of his decision be admitted outside the'10 days'period. The counsel the respondents severat[y conceded to the orders sought in the reference for argement of the time fixed by the single Justice.
evr ex to thi ln rh he premises, the reference is aItowed on the basis that the parties have agreed that time given to the appeltant was insufficient to fite the affidavit in rejoinder. Time is ended within which to fite the agreed evidence since no preludice sha[[ be occasioned he parties. The affidavit in reicinder of the appel[ant on record stands vatidated by order. The parties have leave to address the court on the additionaI and agreed ence. The reference is allowed with costs in the cause.
> .\_+ Dated at Kampala the ---1-- day of September <sup>2021</sup>
op er Madrama
Justice of Appeal
k{.bfuT. T
Justice of Appeal
Monica Mugenyi
Justice of Appeal
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