Lebel (East Africa) Ltd v E.F. Lutwama
Lebel (East Africa) Ltd v E.F. Lutwama (Civil Appeal No. 4 of 1985) [1986] UGCA 2 (30 May 1986)
The Court of Appeal found that the High Court failed to consider whether the appellant's counsel was prevented by sufficient cause from attending the hearing, specifically the uncontested affidavit evidence of arrest and detention by security forces. The appellant also received notice of the hearing date after the suit had already been heard, which constituted good cause for default. The lower court misdirected itself by refusing to consider the appellant's defence regarding improvements and possible forfeiture, even though such a defence could have been raised by amendment if a trial were or…
Source excerpt
- Setting Aside Ex Parte Judgment
- Sufficient Cause For Nonappearance
- Leasehold Disputes
- Tenantable Repair Obligations