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Uganda decisions
Decisions matching the current search
Tuna Development Co. Ltd v Posta Uganda (Miscellaneous Application No. 820 of 2021) [2022] UGHCCD 229 (24 October 2022)
The High Court refused default judgment after finding the defence was filed in time, though service on the applicant was delayed by counsel’s negligence.
Kyambongo University v The Heights Ltd (HCMA 954 of 2015) [2016] UGCommC 31 (24 March 2016)
The High Court set aside an interlocutory judgment against Kyambongo University after finding service of summons was not properly effected on an authorised officer.
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
Iga v Nsanja (Miscellaneous Application No. 858 of 2012) [2013] UGHCLD 24 (21 March 2013)
The High Court allowed joinder of the applicant as co-defendant, holding he had a direct interest in the disputed land and that joinder would avoid multiple suits.
Mutekanga v Equator Growers (U) Limited (Civil Appeal 7 of 1995) [1996] UGSC 28 (29 July 1996)
The Supreme Court of Uganda held that, after interlocutory judgment on default, the trial court should not have let the respondent cross-examine at formal proof. It awarded special and general damages.
Mutekanga v Equator Growers (U) Ltd (Civil Appeal 7 of 1995) [1996] UGSC 18 (27 July 1996)
The Supreme Court of Uganda allowed this appeal in part, holding that the trial judge wrongly let the respondent participate at formal proof and wrongly reopened liability.
