[2021] UGCA 128
The court allowed the reference for enlargement of time based on the parties' agreement that the original period for filing additional evidence was insufficient. Since both parties consented and no prejudice would result, the court exercised its discretion to extend the time for filing the affidavit in rejoinder and...
Source-derived case information.
- Citation
- [2021] UGCA 128
- Parties
- Appellant: Mwiru 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 / Reference for Enlargement of Time
- Outcome
- reference allowed
- Judges
- Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA
- Legal Topics
- Extension of Time, Admission of Additional Evidence, Affidavit in Rejoinder
- 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
Mwiru Paul
Appellant
National Council for Higher Education and 2 Others
Respondent
Procedural Posture
Civil Appeal / Reference for Enlargement of Time
Legal Issues
- 1 Whether the time for filing additional evidence by the appellant should be extended beyond the period fixed by the single Justice.
- 2 Whether the affidavit in rejoinder filed by the appellant should be validated and admitted as evidence.
Ratio Decidendi
The court allowed the reference for enlargement of time based on the parties' agreement that the original period for filing additional evidence was insufficient. Since both parties consented and no prejudice would result, the court exercised its discretion to extend the time for filing the affidavit in rejoinder and validated the affidavit already on record. The parties were granted leave to address the court on the additional and agreed evidence. Costs were awarded in the cause.
Court Disposition
reference allowed
Orders
- Time for filing additional evidence by the appellant is extended.
- The affidavit in rejoinder of the appellant on record is validated.
Full Case Text
Judgment text and source record
16 paragraphs
# THE REPUBLIC OF UGANDA
### IN THE COURT OF UGANDA AT KAMPALA
# CIVIL APPEAL NO 0086 OF 2017
MWIRU PAUL} ... APPELLANT
#### VERSUS
## NATIONAL COUNCIL FOR HIGHER EDUCATION
AND 2 OTHERS}..................................................... .. RESPONDENTS
### RULING OF COURT
When this reference for hearing, the appellants counsel informed court that the parties had agreed to have additional evidence allowed by the single Justice to be filed within <sup>10</sup> days from the date of his decision be admitted outside the <sup>10</sup> days' period. The counsel for the respondents severally conceded to the orders sought in the reference for enlargement of the time fixed by the single Justice.
In the premises, the reference is allowed on the basis that the parties have agreed that the time given to the appellant was insufficient to file the affidavit in rejoinder. Time is extended within which to file the agreed evidence since no prejudice shall be occasioned to the parties. The affidavit in rejoinder of the appellant on record stands validated by this order. The parties have leave to address the court on the additional and agreed evidence. The reference is allowed with costs in the cause.
Dated at Kampala the day of September 2021
Christopher Madrama
Justice of Appeal
Justice of Appeal
Monica Mugenyi
Justice of Appeal