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application to appear and defend

This document is a notice of motion filed in the Chief Magistrate's Court of Entebbe regarding a civil suit where the applicant, Cherukut Micheal, seeks an extension of time to appear and defend against the suit due to illness and improper service of summons. The applicant asserts that he has a valid defense and requests that the court allow him to participate in the proceedings. The affidavit supporting the application outlines the applicant's circumstances and emphasizes the need for justice and equity in the matter.

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0 views

application to appear and defend

This document is a notice of motion filed in the Chief Magistrate's Court of Entebbe regarding a civil suit where the applicant, Cherukut Micheal, seeks an extension of time to appear and defend against the suit due to illness and improper service of summons. The applicant asserts that he has a valid defense and requests that the court allow him to participate in the proceedings. The affidavit supporting the application outlines the applicant's circumstances and emphasizes the need for justice and equity in the matter.

Uploaded by

KATUSIIME GRACE
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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THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATE’S COURT OF ENTEBBE AT ENTEBBE


MISCELLANEOUS APPLICATION NO…………….OF 2024
(ARISING FROM CIVIL SUIT NO.051 OF 2024)
CHERUKUT MICHEAL ……………………………………….… APPLICANT/DEFENDANT
VERSUS
KABASINGUZI MODESTA……………………………………….……RESPONDENT/PLAINTIFF

NOTICE OF MOTION

(Brought under Order 36 rule 3(1), Order 52 rules 1 and 3 CPR SEC 98 of the CPA and Section 37
of the JUDICATURE ACT)

TAKE NOTICE that this honorable court shall be moved on the………….day of


……………………………………20.... At ……….. O’clock in the forenoon/afternoon or soon thereafter
as Counsel for the applicants can be heard on the application for orders that:

1. The Applicant be allowed by extension of time to appear and defend Civil Suit No.51 of 2024

2. Costs of the application be provided for.

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

1. The applicant was fatally ill and he wasn’t effectively and properly served with the summons.

2. The applicant was not in any position to appear and defend.

3. It is just and equitable that the applicant be granted leave to appear and defend the suit.

DATED this ………..day of……………………………..2024

GIVEN under my hand and the seal of this honorable court this………..day of……………2024

……………………………………………
MAGISTRATE.
THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF ENTEBBE AT ENTEBBE
MISCELLANEOUS APPLICATION NO…………….OF 2024
(ARISING FROM CIVIL SUIT NO.051 OF 2024)
KABASINGUZI MODESTA……………………………………….… APPLICANT/DEFENDANT
VERSUS
CHERUKUT MICHEAL……………………………………….……RESPONDENT/PLAINTIFF

AFFIDAVIT IN SUPPORT OF APPLICATION

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 051of 2024 against the applicant in the Chief Magistrate’s
Court of Entebbe at Entebbe.

3. That the applicant was served with summons in summary suit but I fell sick and I was not able to apply
for leave from court to appear and defend the same suit.

4. That I was admitted in the hospital for the last two weeks and I have been just discharged from the
same.

5. That I have a good defense to the suit and a copy of my draft written statement of defense is attached
hereto and marked annexure ‘A’.

6. That it is in the interest of justice and equity that the application for leave to appear and defend is
allowed so that the suit is heard and determined on its merits.

7. That I certify that whatever I have stated herein above is true and correct to the best of my
knowledge.

Sworn at Entebbe by the said …………………………………… …………………………..

DEPONENT

BEFORE ME

………………………………………………...

COMMISSIONER FOR OATHS/MAGISTRATE

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