Emirates Safaris v The Development Analyst
Emirates Safaris v The Development Analyst (Miscellaneous Application 458 of 2022) [2022] UGCommC 178 (19 November 2022)
The court held that the strict timelines under Order 12 Rule 3 of the Civil Procedure Rules do not apply to affidavits in reply in miscellaneous applications, especially where the affidavit constitutes evidence rather than a pleading. The Respondent filed the affidavit before the hearing date, and the Applicant failed to demonstrate any prejudice that would result from its consideration. The court adopted the reasoning in Dr. Lam-Lagoro James v Muni University, emphasizing that affidavits in reply should be filed within a reasonable time before the hearing, and technicalities should not defea…
Source excerpt
- Affidavit Filing Timelines
- Striking Out Affidavit
- Prejudice To Party
- Application Of Order 12 Rule 3
- Technicalities Vs Merits