Kasande v Editor Red Pepper & Anor (Misc. Application No. 35 of 2013)
Kasande v Editor Red Pepper & Anor (Misc. Application No. 35 of 2013) [2013] UGHCCD 124 (23 September 2013)
The application was dismissed because the Civil Procedure Rules do not prescribe a mandatory time limit for serving a Written Statement of Defence that does not contain a counterclaim. Filing is deemed complete once the WSD is filed and sealed by the court, as per Order 8 rule 1 and Order 9 rule 1 CPR. The delay in service, while undesirable, does not render the WSD a nullity or invalidate it. The applicant suffered no prejudice, especially since both parties had already generated a joint scheduling memorandum and the suit could proceed. Resorting to procedural technicalities should not overr…
Source excerpt
- Service Of Written Statement Of Defence
- Counterclaim Procedure
- Time Limits For Service
- Interlocutory Judgment
- Formal Proof Of Damages