Uganda Case Law

Nyakana Birungi v Birungi and Another

Nyakana Birungi v Birungi and Another (Miscellaneous Application 82 of 2024) [2025] UGHC 96 (17 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 82 of 2024

Judge

Byaruhanga Rugyema, J

The court found that the Applicant had provided a plausible explanation for her delay in replying to the counterclaim, namely the difficulty in retrieving old documents from multiple residences. The intended amendment and extension of time were sought before the hearing of the main suit, and the Respondents would not suffer injustice as they would have the opportunity to respond. The court held that the defence of limitation is a legal right and does not constitute a new cause of action. The failure of the 1st Respondent to file an affidavit in reply was deemed as non-opposition to the applic…

Source excerpt

• Amendment Of Pleadings
• Extension Of Time
• Counterclaim Defence
• Limitation Of Actions

ABC Capital Bank Ltd v A-1 Industries Ltd & 2 Ors

ABC Capital Bank Ltd v A-1 Industries Ltd & 2 Ors (Miscellaneous Application No. 1059 of 2016) [2017] UGCommC 143 (11 October 2017)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1059 of 2016

The High Court granted leave to file a reply to the written statement of defence and counterclaim out of time, citing counsel’s illness and the need to decide cases on merit.

• Extension Of Time
• Leave To File Out Of Time
• Mistake Of Counsel
• Functus Officio
• Counterclaim Defence
• Procedural Irregularity

Patel v Othwele

Patel v Othwele (Civil Suit No. 103 of 1954) [1955] EACA 27 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Suit No. 103 of 1954

Judge

Windham J

The court admitted a late defence to counterclaim because it disclosed a substantial defence, refused ex parte judgment, and made no order as to costs.

• Late Filing Of Pleadings
• Court Discretion
• Counterclaim Defence
• Ex Parte Judgment
• Costs Award
• Civil-procedure