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Uganda decisions
Decisions matching the current search
Zabron v United Republic of Tanzania (Application No. 051/2016) [2023] AfCHPR 34 (26 October 2023)
The African Court reopened pleadings in Zabron v Tanzania and gave the Applicant 14 days to reply to the State’s late amended-pleadings response.
Patel v Othwele (Civil suit No. 103 of 1954) [1955] EACA 7 (1 January 1955)
The court held that although the plaintiff's reply and defence to counterclaim were filed out of time and without an application for extension, the defence to counterclaim disclosed a substantial defence going to the root of the counterclaim. Order IX, rule 9 (2) is discretionary, not mandatory, and the court should not enter ex parte judgment where a defence of substance is present, even if filed late. Instead, the court should admit the late pleading and allow the case to be tried on its merits, thereby avoiding unnecessary procedural delays. However, since the respondent was granted indulg…
Source excerpt
Patel v Othwele (Civil Suit No. 103 of 1954) [1955] EACA 27 (1 January 1955)
The court admitted a late defence to counterclaim because it disclosed a substantial defence, refused ex parte judgment, and made no order as to costs.
