Amritlal Metha Kiunjlata and Another v Sakina Waziri and 4 Others
Amritlal Metha Kiunjlata and Another v Sakina Waziri and 4 Others (Civil Suit 118 of 2017) [2023] UGHCCD 137 (19 April 2023)
The court found that the 1st, 2nd, and 3rd Defendants failed to comply with a prior order to file a compliant Written Statement of Defence and demonstrated no good cause for extension of time, amounting to negligence. The defence was struck off and the suit ordered to proceed exparte against them. The 1st Defendant was deceased prior to the institution of the suit, rendering the proceedings against her a nullity ab initio; substitution was not permissible. The 4th Defendant failed to file a defence and did not properly instruct counsel in time; the suit was ordered to proceed exparte against…
Source excerpt
- Striking Out Defence
- Substitution Of Deceased Party
- Exparte Proceedings
- Enlargement Of Time