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CP REMEDIAL

Civil

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Adong Martina joan
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12 views

CP REMEDIAL

Civil

Uploaded by

Adong Martina joan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DRAFT AN APPLICATIN FOR AN INTERLOCUTORY JUDGEMENT

The Registrar,
The High Court,
Commercial Division,
KAMPALA.
Your Worship,
RE: H.C.C. S NO. 24 OF 2024
AKABWAI CONSTRUCTION COMPANY LTD
V
UGANDA NATIONAL HOUSING LTD
We act for the Plaintiff in the above matter and wish to address the Court as below;
1. This Honorable Court issued summons on the 6th of March 2024 to be served upon the
Defendant.
2. That the summons was effectively served upon the defendant as per Order V Rule 16 of
the Civil Procedure Rules on 8th March 2024 wherein, the defendant’s legal
representative read through and acknowledged receipt of summons by signature.
3. An Affidavit in support of service of the summons was duly filed on 11th March 2024 and
a copy is herein enclosed for your ease of reference.
4. That upon perusal of Court record at 5:00 pm on 3rd April being the last day for the
defendant to file their written statement of defense, it was discovered that the defendant
had not filed the same.
5. That accordingly, the period within which the defendant was to file their Written
Statement of Defense had lapsed.
6. We thus pray that an interlocutory judgement be entered pursuant to Order IX Rule 8
and 5 of the Civil Procedure Rules.
Dated 4th April 2024.
ATEMEL ADVOATES
COUNSEL FOR PLAINTIFF
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
CIVIL SUIT NO. 24 OF 2024

1. AKABWAI CONSTRUCTION COMPANY LTD


V
2. UGANDA NATIONAL HOUSING LTD

AFFIDAVIT IN SUPPORT OF SERVICE OF SUMMONS


I Martina Joan, Counsel on behalf of AKABWAI CONSTRUCTION COMPANY LTD herein
referred to as the Plaintiff, solemnly make this statement and state as follows.
THAT I am a female adult Ugandan of sound mind, and a COUNSEL working at ATEMEL
ADVOCATES wherein a legal representative of the applicant in the H.C.C.S NO. 24 OF 2024.

1. I make this affidavit in my capacity and on behalf of the plaintiff, AKABWAI


CONSTRUCTION CO. LTD.
2. That on the 6th day of March 2024, I received a summons issued by this Honorable Court
in the H.C.C.S NO. 24 OF 2024 dated 6th March 2024 for service upon the Defendant.
3. That the offices of the respondent/defendant not being personally known to me, i research
about them on the internet and managed to get the location of their office.
4. On 8th March 2024, I entered into their reception are and introduced myself to the
receptionist a one Lillian Asio who then directed me to the company’s legal personnel a
one Mathias Aka.
5. That I re- introduced myself to Counsel clearly explaining the purpose of my presence as
service of summons upon the defendant.
6. That Counsel read through and acknowledged receipt of service of summons by
signature.
7. That I swear this Affidavit in proof of proper and effective service of Court process on
the defendant.
8. That whatsoever is stated herein above is correct and true to the best of my knowledge.
SWORN and Filed in Kampala on 11th March 2024.
By Martina Joan
Commissioner of Oaths

DEPONENT
Drawn by
ATEMEL ADVOCATES
C/O AKABWAI CONSTRUCTION COMPANY LTD.
P.O.BOX 08
KAMPALA(U)
DRAFT AN APPLICATION TO SET ASIDE AN INTERLOCUTORY JUDGEMENT

THE REPUBLIC OF UGANDA


IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
CIVIL SUIT NO. 24 OF 2024

1. UGANDA NATIONAL HOUSING LTD


V
2. AKABWAI CONSTRUCTION COMPANY LTD

NOTICE OF MOTION
Take NOTICE that this Honorable Court shall be moved on 15th April 2024 at 9:00 O’clock in
the morning wherein the applicant shall be heard on orders that;
1. The Interlocutory Judgement and decree in H.C.C.S NO. 24 OF 2024 entered against the
applicant be set aside.
2. That the execution of the decree in the Civil Suit H.C.C.S NO. 24 OF 2024 be set aside or
stayed.
3. That the applicant be given time to file a defense.
4. That costs of this application be provided for.
And take further notice that the grounds for this application are more particularly contained in
the Affidavit of Mathias Aka the legal representative of the applicant UGANDA NATIONAL
HOUSING LTD here to attached and others or further grounds to be adduced at the hearing.
The grounds briefly are;
1. The respondent instituted Civil suit H.C.C.S NO. 24 OF 2024 against the applicant.
2. The Applicant was effectively served with the summons to file a defense, the applicant
was unable to file a defense since the country at the time was under a nationwide
lockdown that had been put in effect on 15th March 2024, a measure taken to curb the
spread of COVID-19.
3. That the applicant has a good defense in the entire claim of the respondent.
4. That the respondent will suffer irreparable damage and injustice if the interlocutory
judgement is n ot set aside.
5. That it is just, fair and in the interest of justice that the application be granted.
Dated at Kampala on 15th March 2024.

Mathias Aka
Legal Representative
UGANDA NATIONAL HOUSING LTD
Drawn and filed by
M and J co. Advocates
P.O.BOX 28 Kampala.

THE REPUBLIC OF UGANDA


IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
CIVIL SUIT NO. 24 OF 2024

1. UGANDA NATIONAL HOUSING LTD


V
2. AKABWAI CONSTRUCTION COMPANY LTD
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION
I Mathias Aka Counsel on behalf of UGANDA NATIONAL HOUSING LTD herein referred to
as the Plaintiff, solemnly make this statement and state as follows.
THAT I am a Male adult Ugandan of sound mind, and a COUNSEL working at UGANDA
NATIONAL HOUSING LTD in the capacity of legal representative, the applicant in the
H.C.C.S NO. 24 OF 2024.
1. That I know that UGANDA NATIONAL HOUSING LTD is a construction company
that deal with ensuring provision of houses to the citizens of this nation Uganda.
2. That there are times the applicant subcontracts and gets materials from other companies
such as the defendant.
3. That I received and acknowledged receipt of a summons to file a defense.
4. That unfortunately the country went into lock down after this receipt and so we were
unable to file a defense in the stipulated time in the summons.
5. That legal personnel were required to work from home during that period.
6. That I know that it is in the public interest and that of justice that the application to set as
the interlocutory judgement be granted.
7. That whatever has been stated here is true to the best of my knowledge.

SWORN by Mathias Aka.

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