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Civil Procedure [2022] UGHCFD 29

Mutumba v Kirumira

Mutumba v Kirumira (Miscellaneous Application 442 of 2022) [2022] UGHCFD 29 (5 September 2022)

Court
HC: Family Division (Uganda)
Case number
Miscellaneous Application 442 of 2022
Judge
Komuhangi, J

The Court found that the delay in serving the Chamber Summons in Miscellaneous Application No. 730 of 2021 was occasioned by the Court's delay in allocating a hearing date, not by any negligence or dilatory conduct on the part of the applicant. The applicant demonstrated sufficient reason for the delay, actively followed up on the application, and served the respondent promptly once the application was available. The principles for enlargement of time, as set out in Molly Kyalikunda Turinawe & 4 Others v Engineer Ephraim Turinawe & Another, were satisfied: sufficient reason was shown, no dila…

Source excerpt

  • Enlargement Of Time
  • Validation Of Service
  • Amendment Of Pleadings
  • Court Delay
  • Procedural Irregularity
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Civil Procedure [1997] UGCA 2

Eriasafani Mudumba v Wilberforce Kuluse

Eriasafani Mudumba v Wilberforce Kuluse (Civil Application No. 34 of 1997) [1997] UGCA 2 (1 October 1997)

Court
Court of Appeal of Uganda
Case number
Civil Application No. 34 of 1997

The court found that the applicant had exercised due diligence by lodging the notice of appeal and requesting the proceedings within the prescribed time. The inordinate delay of about three years in obtaining the proceedings was entirely attributable to the court, not the applicant. Poverty and delay by assigned counsel were not sufficient reasons, but the applicant's actions demonstrated diligence and absence of fault. Procedural defects in the affidavit did not amount to special circumstances warranting refusal of the application. In the interests of substantive justice, the court granted t…

Source excerpt

  • Extension Of Time
  • Affidavit Requirements
  • Due Diligence
  • Court Delay
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Civil Procedure [1987] UGSC 5

Plaxeda v Libyan Arab Uganda Bank for Foreign Trade

Plaxeda v Libyan Arab Uganda Bank for Foreign Trade (Civil Application 6 of 1986) [1987] UGSC 5 (3 July 1987)

Court
Supreme Court of Uganda
Case number
Civil Application 6 of 1986
Judge
Manyindo, DCJ, Lubogo, Ag. JA, Odoki, JA

The Court found that the appellant took all necessary steps to prosecute the appeal by applying in writing for a copy of the proceedings within the required thirty-day period and making subsequent requests. The delay in lodging the appeal was caused by the High Court's failure to prepare and deliver the record of proceedings, not by any lack of diligence on the part of the appellant. The Court held that it would be a denial of justice to penalise the appellant for shortcomings of the court, and that the appellant was protected by the proviso to Rule 81. The failure to copy the initial request…

Source excerpt

  • Appeal Lodgment
  • Extension Of Time
  • Record Of Proceedings
  • Court Delay
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.