[2024] UGHC 1126

[2024] UGHC 1126

The court found that service of summons was not effected in accordance with the prescribed rules, as service was made upon Yiga Advocates rather than the applicant's principal officers. Even if service were considered effective, the delay in filing the defense was due to the negligence of counsel, which should not be attributed to the applicant. The applicant expressed a clear interest to defend the suit and claimed to have a plausible defense. The court emphasized that justice should be accessed by all and that procedural mistakes by counsel should not bar a party from being heard. Therefore, the interlocutory judgment was set aside and leave granted to file a defense out of time.

Citation
[2024] UGHC 1126
Parties
Applicant: China Railway 18th Bureau Group Co. Ltd; Respondent: Businge Joseph
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
11 December 2024
Case Number
Miscellaneous Application 80 of 2024
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application_granted
Judges
Wagona, J
Legal Topics
Extension of Time, Setting Aside Interlocutory Judgment, Service of Process, Written Statement of Defense
Source Language
English
Civil Procedure Extension of Time Setting Aside Interlocutory Judgment Service of Process Written Statement of Defense

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Parties

China Railway 18th Bureau Group Co. Ltd

Applicant

Businge Joseph

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the applicant has presented sufficient cause for the delay to file the written statement of defense out of time to warrant grant of this application.

Ratio Decidendi

The court found that service of summons was not effected in accordance with the prescribed rules, as service was made upon Yiga Advocates rather than the applicant's principal officers. Even if service were considered effective, the delay in filing the defense was due to the negligence of counsel, which should not be attributed to the applicant. The applicant expressed a clear interest to defend the suit and claimed to have a plausible defense. The court emphasized that justice should be accessed by all and that procedural mistakes by counsel should not bar a party from being heard. Therefore, the interlocutory judgment was set aside and leave granted to file a defense out of time.

Court Disposition

application_granted

Orders

  • The interlocutory judgment entered against the applicant on 25th June 2024 is set aside.
  • Leave is granted to the defendant to file a defense within 15 days from the date of delivery of this ruling and serve upon the respondent.