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Omo Simon v Amon Tomusange
Omo Simon v Amon Tomusange (Civil Suit No 201 of 2004) (Civil Suit No 201 of 2004) [2004] UGHC 3 (31 December 2004)
The court held that, although the defendant's written statement of defence was filed out of time and without leave, justice required that the defendant be allowed to defend the suit. The court cited authority that procedural errors should not automatically bar a party from being heard, especially where the defence has merit and the plaintiff can be compensated by costs. The nature of the action, the merits of the defence, and the ability to compensate the plaintiff for delay were all considered. Denying a party a hearing should be a last resort. Accordingly, the defendant was permitted to def…
Source excerpt
- Striking Out Defence
- Default Judgment
- Malicious Eviction
- Trespass To Goods