Uganda Case Law

Okot Ojok Vs Nyeko

Okot Ojok Vs Nyeko (CIVIL APPEAL No. 054 OF 2018) [2019] UGHCCD 168 (16 May 2019)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL No. 054 OF 2018

Judge

Stephen Mubiru, J

The trial magistrate's consideration of the respondent's defence was not improper despite irregularities in filing, as the suit was for an unliquidated claim and the respondent was entitled to be heard under Order 9 rule 10 of The Civil Procedure Rules. However, the award of general damages to the respondent was erroneous because no counterclaim was filed, and a defendant is not entitled to affirmative remedies without a counterclaim. The proper disposition was to dismiss the suit for failure to prove the appellant's claim and award costs to the respondent, setting aside the award of general…

Source excerpt

• Filing Of Pleadings
• Ownership Of Land
• Trespass To Land
• Award Of General Damages

Magembe v Uganda Electricity Board

Magembe v Uganda Electricity Board (Civil Suit No. 613 of 1990) [1992] UGHC 21 (5 February 1992)

Court

High Court of Uganda

Case number

Civil Suit No. 613 of 1990

Judge

Okello, J

The High Court enlarged time for the defendant to file a written statement of defence, holding that internal administrative failure in a corporation justified the delay.

• Enlargement Of Time
• Filing Of Pleadings
• Judicial Discretion
• Default Procedures
• Enlargement-of-time
• Filing-of-pleadings