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Civil Procedure [2024] UGHC 651

Kirti v Vinadkan & 4 Others

Kirti v Vinadkan & 4 Others (Miscellaneous Application 212 of 2023) [2024] UGHC 651 (30 May 2024)

The court found that the Respondents filed and served their Written Statement of Defence and Counterclaim outside the statutory period prescribed by the Civil Procedure Rules. No application for extension of time or leave to file out of time was made, and no satisfactory explanation was provided. The court rejected the Respondents' argument that the Applicants were estopped from challenging the defence and counterclaim, holding that estoppel cannot override statutory procedural requirements. The court emphasized that compliance with timelines for filing defences is a substantive legal require…

  • Filing Out Of Time
  • Written Statement Of Defence
  • Counterclaim Striking Out
  • Service Of Process
  • Estoppel In Procedural Matters
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