Rajesh Kumar v Mahmood Somani
Rajesh Kumar v Mahmood Somani (Miscellaneous Cause No. 62 of 2018) [2019] UGCommC 232 (25 January 2019)
The court found that while the respondent's affidavit in reply was filed out of time and no plausible reason was advanced for the delay, rigid application of procedural timelines to affidavits should be tempered by judicial discretion. The court followed precedent that affidavits, as evidence, may be admitted if no irreparable prejudice is caused to the opposing party, and any inconvenience can be remedied by an appropriate order as to costs. The respondent demonstrated interest in defending the matter, and the applicant did not show that admitting the affidavit would cause injustice or preju…
Source excerpt
- Temporary Injunction
- Late Filing Of Affidavit
- Extension Of Time
- Company Management Disputes