[2021] UGCA 230
The court allowed the reference on the basis that both parties had agreed the time originally given to the appellant to file the affidavit in rejoinder was insufficient. Since there was no objection from the respondents and no prejudice would be caused, the court exercised its discretion to extend the time for...
Source-derived case information.
- Citation
- [2021] UGCA 230
- Parties
- Appellant: Mwrru Paul; Respondent: National Council for Higher Education and 2 others
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No 86 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Reference
- Outcome
- reference allowed
- Judges
- Madrama, JA, Mulyagonja, JA, Monica K. Mugenyi, JA
- Legal Topics
- Extension of Time, Admission of Additional Evidence, Affidavit Filing, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mwrru Paul
Appellant
National Council for Higher Education and 2 others
Respondent
Procedural Posture
Civil Appeal / Ruling on Reference
Legal Issues
- 1 Whether the appellant should be granted an extension of time to file additional evidence outside the period previously fixed by the single Justice.
- 2 Whether the affidavit in rejoinder filed by the appellant should be validated and admitted on record.
Ratio Decidendi
The court allowed the reference on the basis that both parties had agreed the time originally given to the appellant to file the affidavit in rejoinder was insufficient. Since there was no objection from the respondents and no prejudice would be caused, the court exercised its discretion to extend the time for filing the agreed evidence. The appellant's affidavit in rejoinder was validated and admitted on record by order of the court. The parties were granted leave to address the court on the additional and agreed evidence. The reference was allowed with costs in the cause.
Court Disposition
reference allowed
Orders
- Time for filing the agreed additional evidence is extended.
- The appellant's affidavit in rejoinder on record is validated by order.
Full Case Text
Judgment text and source record
17 paragraphs
# THE REPUBLIC OF UGANDA
### IN THE COURT OF UGANDA AT KAMPALA
# CIVIL APPEAL NO 0086 OF 2017
MWrRU PAUL) APPELLANT
### VERSUS
#### N IONAL COUNCIL FOR HIGHER EDUCATION
A D 2 oTHERS) RESPONDENTS
# RULING OF COURT
cn fo ha l0 en this reference for hearing, the appettants counsel informed court that the parties agreed to have additionaI evidence attowed by the single Justice to be fited within ays f rom the date of his decision be admitted outside the'10 days'period. The counsel the respondents severat[y conceded to the orders sought in the reference for argement of the time fixed by the single Justice.
evr ex to thi ln rh he premises, the reference is aItowed on the basis that the parties have agreed that time given to the appeltant was insufficient to fite the affidavit in rejoinder. Time is ended within which to fite the agreed evidence since no preludice sha[[ be occasioned he parties. The affidavit in reicinder of the appel[ant on record stands vatidated by order. The parties have leave to address the court on the additionaI and agreed ence. The reference is allowed with costs in the cause.
> .\_+ Dated at Kampala the ---1-- day of September <sup>2021</sup>
op er Madrama
Justice of Appeal
k{.bfuT. T
Justice of Appeal
Monica Mugenyi
Justice of Appeal