Uganda Case Law

Mark Graves v Balton (U) Ltd (HCT-00-CC-MA 158 of 2008)

Mark Graves v Balton (U) Ltd (HCT-00-CC-MA 158 of 2008) [2008] UGCommC 46 (21 August 2008)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 158 of 2008

The court held that filing a defence is not a condition precedent to making an application under Order 9 rule 3 of the Civil Procedure Rules, provided the applicant gives notice of intention to defend and applies within the time limited for service of a defence. However, the application in this case was filed outside the prescribed 15-day period following substituted service by advertisement, and thus was out of time. Furthermore, the grounds advanced by the applicant did not properly dispute the jurisdiction of the court as required under Order 9 rule 3, but rather related to alleged non-dis…

Source excerpt

• Jurisdictional Objections
• Abuse Of Process
• Time Limits For Filing
• Notice Of Intention To Defend

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Belflowers Ltd v Balton (U) Ltd (HCT-00-CC-MA 152 of 2008)

Belflowers Ltd v Balton (U) Ltd (HCT-00-CC-MA 152 of 2008) [2008] UGCommC 45 (21 August 2008)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 152 of 2008

The High Court held that a defendant may challenge jurisdiction by notice of intention to defend without first filing a defence, if the notice and timing requirements are met.

• Notice Of Intention To Defend
• Jurisdiction Objection
• Time Limits For Filing
• Abuse Of Court Process
• Notice-of-intention-to-defend
• Jurisdiction-objection

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