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Civil Procedure [2015] UGHCLD 1

Bashigare v Akankwasa and 8 Others

Bashigare v Akankwasa and 8 Others (Civil Appeal 47 of 2010) [2015] UGHCLD 1 (5 October 2015)

Court
HC: Land Division (Uganda)
Case number
Civil Appeal 47 of 2010
Judge
Elubu, J

The court found that there is no legal requirement for each defendant to file a separate defence in a suit involving multiple defendants joined on the same facts and law. The rules permit a joint defence, and Order 1 Rule 12 is inapplicable where all defendants have participated. The late filing of the defence by one day was not fatal, as the plaintiff did not move for ex parte proceedings and the court has discretion to allow late filings to ensure matters are heard on their merits. Regarding court fees, the trial magistrate correctly exercised discretion under Rule 6 of The Judicature (Cour…

Source excerpt

  • Preliminary Objections
  • Late Filing Of Defence
  • Court Fees Payment
  • Joint Defence
  • Pleadings Requirements
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