Devine Care Ministries v Passions Services Limited
Devine Care Ministries v Passions Services Limited (Civil Appeal 42 of 2019) [2023] UGHC 468 (25 October 2023)
The court found that the Appellant complied with the statutory timelines for filing its defence and counterclaim, as the deadline fell on a public holiday and the filing was done on the next business day. The Respondent's reply to the counterclaim was filed out of time without formal application for extension, but the trial magistrate exercised discretion to admit the late reply and set aside the exparte judgment. The court held that procedural rules are intended to facilitate justice and should not defeat substantive rights unless fundamental prejudice is shown. No prejudice was discerned to…
Source excerpt
- Exparte Judgment
- Counterclaim Timelines
- Late Filing Of Defence
- Oral Application To Set Aside
- Procedural Irregularity