b)

Issue 1. Whether Extension of time to file defense would be the best remedy for our client?

Issue 2. What is the procedure of achieving the above stated remedy?

Issue 3. What documents are to be drafted?

Solution

Issue 1. Whether Extension of time to file defense would be the best remedy for our client?

Order 5 rule 2 of the Civil Procedure Rules Statutory Instrument 71-makes it a must to reply to
summons within 21 days from the date of last service and more 15 days in case of application for
extension of time

According to the facts at hand, our client was served a plaint on the 20th January and 6th October 2022
respectively but he hasn’t replied up to date which puts him at default, however;

Section 96 of the Civil Procedure Act Cap 71 is to the effect that, where any period is fixed or granted by
the court for the doing of any act prescribed or allowed by this Act, the court may, in its discretion from
time to time, enlarge that period, even though the period originally fixed or granted may have expired.

Section 33 of the Judicature Act Cap 13 further states that the High court has powers to grant
absolutely or on such terms and conditions as it thinks just, all such remedies as any of the parties to a
cause or matter is entitled to in respect of any legal or equitable claim properly brought before it

Order 51 rule 6 of the Civil Procedure Rules Statutory Instrument 71-1 provides for courts power to
enlarge time that where a limited time has been fixed for doing any act or taking any proceedings under
these Rules or by order of the court, the court shall have power to enlarge the time upon such terms, if
any, as the justice of the case may require, and the enlargement may be ordered although the
application for it is not made until after the expiration of the time appointed or allowed; except that the
costs of any application to extend the time and of any order made on the application shall be borne by
the parties making the application, unless the court shall otherwise order

This was seen in the case of Kaawa James & Anor v Kabodi Daniel Miscelaneous Application No,MBD-
101 of 2019 where court relied on Section 98 of The Civil Procedure Act Cap 71, Order 51 rule 6 and
Order 52 rule 1 and 3 of the Civil Procedure Rules. Statutory Instrument No.71-1 to grant an extension of
time to file written statement of defense out of time.

Further Order 51 rule 7 supra provides for enlargement of time by consent in writing between parties or
advocates without application to court

In conclusion, we would advise our client to write an application by way of notice of motion seeking the
orders for extension of time to within which to file a written statement of defense

Issue 2. What is the procedure of achieving the above stated remedy?

Step 1: Draft the necessary documents

Per Order 52 rules 1 &3, this application shall be by notice of motion supported by any affidavit

Order 52 rule 1 provides that all applications to the court, except where otherwise expressly provided
for under these Rules, shall be by motion and shall be heard in open court

Order 52 rule 3 states that every notice of motion shall state in general terms the grounds of the
application, and, where any motion is grounded on evidence by affidavit, a copy of any affidavit
intended to be used shall be served with the notice of motion

Step 2: Assessment of court fees at the Registrar’s office

Step3: Pay court fees to URA through the recommended bank

Step 4: File with the Registrar

Issue 3. What documents are to be drafted?

1. Application by notice of motion

2. Affidavit in support

1.Application by notice of motion

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

MISCELLANEOUS APPLICATION NO 098 OF 2022

(ARISING FROM CIVIL SUIT NO 432 OF 2022)

MUWONGE ABDUL……………………………………………………….… APPLICANT

VERSUS

MUGENYI MOSES…………………………………………………….……RESPONDENT

NOTICE OF MOTION

(Brought under Section 98 of the CPA and Order 51 rule 6 and 52 rules 1 and 3 CPR)

TAKE NOTICE that this honourable court shall be moved on the 28th day of November 2022 at
2:00 O’clock in the afternoon or soon thereafter as Counsel for the applicants can be heard on
the application for orders that:
 1. An order for extension of time within which to file a written statement of defence and
counter claim out of time, and/or validate the written statement of defence and
counterclaim.
2. Costs be granted.

TAKE FURTHER NOTICE that the grounds of this application are contained in the attached
affidavit of the applicant which shall be read and relied upon at the hearing but briefly they are:

1. That Civil Suit No. 007 of 2022 was instituted against the applicant by the
respondent for inter alia declarations that the respondent be given possession of the
suitland at Masanafu in Mukono plot 24 block 33.
2. That the applicant was served with the said pleadings on 20th January and 6th
October 2022 respectively. But has not replied to the same up to date.
3. That when the Applicant gave instructions to F4 & Co. Advocates & legal
Consultants to pursue his case, he was advised that he should have filled and served
a written statement of defence within 21 days.
4. That the said delay was occasioned by sickness that should not be visited on
innocent applicant. (Attached is a copy of the medical report)
5. That the Applicants have a plausible defence and counterclaim that raises triable
issues that merit adjudication by this honourable court.
6. That substantial loss shall result to the applicants if this application is not granted.
7. The application has been brought without delay.
8. It is in the interest of justice that this application be granted.

DATED this 27th day of November 2022

……………………………………………

F4 & CO. ADVOCATES

COUNSEL FOR THE APPLICANT

GIVEN under my hand and the seal of this honourable court this 27th day of November 2022
 ……………………………………………

Deputy Registrar

Drawn and Filed by:

F4 & Co. Advocates

Uganda P. O. Box 26365,

2. Affidavit in Support

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

MISCELLANEOUS APPLICATION NO 098 OF 2022

(ARISING FROM CIVIL SUIT NO 432 OF 2022)

MUWONGE ABDUL……………………………………………………….… APPLICANT

VERSUS

MUGENYI MOSES…………………………………………………….……RESPONDENT

AFFIDAVIT IN SUPPORT OF APPLICATION

I, MUWONGE ABDUL of C/o F4 & CO. ADVOCATES, P.O Box 7117, Kampala do hereby swear
and state as follows;
1. THAT I am a male adult Ugandan of sound mind, the applicant in this matter and swear this
affidavit in that capacity.
2. THAT the respondent instituted civil suit no 007 of 2022 against me in the High Court of
Uganda at Kampala
3. THAT I was served by the by the respondent on the 20 th January and 6th October 2022
respectively. But did not file a defence
4. THAT when I gave instructions to F4 & Co. Advocates & legal Consultants to pursue
my case, I was advised that I should have filled and served a written statement of
defence within 21 days.
5. THAT the said delay was occasioned by my sickness. (Attached is a copy of the
medical report)
6. THAT I have a plausible defence and counterclaim that raises triable issues that merit
adjudication by this honourable court.
7. THAT the respondent has no cause of action in this matter
8. THAT what is stated herein is true and correct to the best of my knowledge.

SWORN at Kampala ]
by the said MUWONGE ABDUL ] ………………………………………
this………….. day of………..2022 ]

……………………………………………
BEFORE ME:

COMMISSIONER FOR OATHS

DRAWN AND FILED BY :