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Uganda decisions
Decisions matching the current search
Mulindwa v Atalyeba (HCT-01-CV-CS-0040-2023) [2025] UGHC 539 (14 July 2025)
The High Court at Fort Portal overruled a preliminary objection and accepted a late defence, holding that substantive justice outweighed the filing default.
Nanvubya & 4 Others v Kanyerezi & Another (Miscellaneous Application 921 of 2024) [2024] UGHCLD 189 (18 July 2024)
The High Court of Uganda declined to strike out a defence filed late, finding mistaken service issues and validating the pleading in the interests of justice.
Devine Care Ministries v Passions Services Limited (Civil Appeal 42 of 2019) [2023] UGHC 468 (25 October 2023)
The court found that the Appellant complied with the statutory timelines for filing its defence and counterclaim, as the deadline fell on a public holiday and the filing was done on the next business day. The Respondent's reply to the counterclaim was filed out of time without formal application for extension, but the trial magistrate exercised discretion to admit the late reply and set aside the exparte judgment. The court held that procedural rules are intended to facilitate justice and should not defeat substantive rights unless fundamental prejudice is shown. No prejudice was discerned to…
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Kisuule and Another v Nantaaya and Another (Civil Suit No. 1107 of 2021) [2023] UGHCLD 46 (27 February 2023)
The High Court of Uganda held that the matter should proceed inter partes despite a prior ex parte order, and directed the plaintiffs to file a rejoinder within two weeks.
Dr Bunoti v AAR Health Care Uganda Limited and Another (Miscellaneous Application No. 140 of 2022) [2022] UGIC 9 (2 December 2022)
The Industrial Court partly allowed an amendment application, struck out an out-of-time reply, and overruled preliminary objections on locus standi and affidavit form.
Omar and 2 Others v Masambu (Civil Suit No. 894 of 2017) [2021] UGHCLD 101 (7 April 2021)
The High Court dismissed the suit for want of prosecution after the plaintiffs took no further steps and failed to file a rejoinder to the defence.
Mabumba v Semakula (Civil Suit No. 589 of 1991) [1993] UGHC 20 (18 January 1993)
The High Court of Uganda allowed a defendant’s request to file a written statement of defence out of time, finding the delay was explained and compensable in costs.
Bashigare v Akankwasa and 8 Others (Civil Appeal 47 of 2010) [2015] UGHCLD 1 (5 October 2015)
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…
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