Uganda Case Law

Magezi v National Medical Stores (Appeal 2 of 2016)

Magezi v National Medical Stores (Appeal 2 of 2016) [2017] EACJ 101 (25 May 2017) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 2 of 2016

Judge

Kiryabwire JA, Nkurunziza JA, Ringera JA, Rutakangwa JA, Ugirashebuja P

The Appellate Division found that the Trial Court misdirected itself in law by treating sworn affidavit evidence as mere statements requiring further proof, despite the absence of rebuttal. The Trial Court also failed to consider relevant factors, including the legality and equity issues raised in the intended Taxation Reference, the promptitude of the remedial application, the short and non-inordinate delay, and the lack of demonstrated prejudice to the respondent. The Appellate Division held that 'sufficient reason' under Rule 4 encompasses not only reasons for inability to act in time but…

Source excerpt

• Extension Of Time
• Taxation Reference
• Judicial Discretion
• Affidavit Evidence
• Procedural Vs Substantive Justice