Elogu and Another v Ocen
Elogu and Another v Ocen (Miscellaneous Application No. 78 of 2022) [2023] UGHCCD 30 (19 January 2023)
The court held that the defect in the commissioning of the applicants' affidavit, caused by the advocate's lack of a valid practicing certificate, does not render the application incurably defective. The commission as Commissioner for Oaths is not automatically terminated by the expiry of the practicing certificate, and Section 14A of the Advocates Act, 2002 protects innocent litigants from the consequences of their advocate's professional misconduct. The applicants are therefore granted time to file fresh affidavits properly commissioned by an advocate with a valid practicing certificate. Th…
Source excerpt
- Extension Of Time To Appeal
- Defective Affidavit
- Commissioner For Oaths Practice Certificate
- Land Trespass
- Judgment In Absentia