Uganda Case Law

Mutooro and Another v Monday and 3 Others

Mutooro and Another v Monday and 3 Others (Miscellaneous Application 38 of 2024) [2024] UGHC 1033 (30 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 38 of 2024

Judge

Wagona, J

The court found that the delay in filing the reply to the counterclaim was due to a mistake by the applicants' advocate, who failed to notice the counterclaim after it was served on his clerk. The court held that such a mistake, though negligent, constitutes sufficient cause for granting leave to file a reply out of time, as established by binding authorities. The court further considered that both the main suit and the counterclaim concern ownership of the same land, and it is in the interests of justice and fairness that both claims be heard and determined on their merits in a single procee…

Source excerpt

• Extension Of Time
• Counterclaim Procedure
• Mistake Of Advocate
• Default Judgment
• Reply To Counterclaim

Ggolooba v Kizito

Ggolooba v Kizito (Civil Appeal No.7 of 2006) [2007] UGSC 35 (7 June 2007)

Court

Supreme Court of Uganda

Case number

Civil Appeal No.7 of 2006

Judge

Odoki, CJ, J.W.N.Tsekooko, JSC, Kanyeihamba, JSC, Mulenga, JSC, Katureebe ,JSC

The Supreme Court upheld reinstatement of a suit dismissed for non-appearance, holding that the advocate had shown sufficient cause and that a lawyer’s mistake should not be visited on the party.

• Dismissal For Non Appearance
• Reinstatement Of Suit
• Mistake Of Advocate
• Civil-procedure
• Dismissal-for-non-appearance
• Reinstatement-of-suit

Infotech Systems Ltd v Raps U Ltd (HCT-00-CC-MA 545 of 2005)

Infotech Systems Ltd v Raps U Ltd (HCT-00-CC-MA 545 of 2005) [2005] UGCommC 51 (7 September 2005)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 545 of 2005

The High Court declined to set aside a decree entered after the applicant failed to attend, holding that an excuse for absence was not enough without a defence on the merits.

• Setting Aside Decree
• Leave To Appear And Defend
• Mistake Of Advocate
• Setting-aside-decree
• Leave-to-appear-and-defend
• Mistake-of-advocate