CAN I LOSE MY PROPERTY CASE IF MY LAWYER WAS INCOMPETENT❓.

Namuli hired a lawyer to defend her when her sister sued her for the property she received from their late mother. She instructed the lawyer to ‘fight’ to the death so that she could show that her sister was just a greedy ‘middle child’. However for the last 6 months, she kept visiting the lawyer who informed her that things were going well and that she would receive the fruits of their efforts soon. It turned out that in June, Namuli lost the case because the lawyer had not been going to court or fling any court documents and her sister has come for the land she ‘won’ in court. Namuli wants to know if there is anything she can do to save her investments on that land.

WHAT DOES THE LAW SAY?

There are many things the courts will not forgive you for, such as forgetting to hire a lawyer, or deliberately hiding away so that you do not defend the case against you. However, if you have done your part, and hired a lawyer (we call it giving instructions to the lawyer), if you lose a case because this lawyer forgot to file your documents or he/she made blatant and negligent errors, then court may forgive you and allow your case to be reheard. This kind of error is called Mistake of Counsel. By law, mistake, or negligence of an Advocate (a lawyer) should not be pushed to the person who is suing/sued. However, as the person who hired this ‘bad’ lawyer the court will still want you to be diligent in fixing this issue. Therefore, if you are sued or sue and your lawyer makes such mistakes, the court may excuse you if you try and fix this within six months. This is because there must be a time limit within a court case must end. You cannot have a court case forever.

So, if after a year you are still waiting to fix this issue then the court will definitely put this mistake on you as well. Since Namuli found this out early, she can apply to court to set aside the previous judgement against her because it was the mistake of her lawyer not herself and ask that they hear the case afresh with a new lawyer.

📷: Deadline UK

#BarefootLaw

#osutayusuf

Comments

Vurra Constituency MP Adriko Yovan gets six months imprisonment for failing to repay loan.

📸: Hon Adriko Yovan. Story By Andrew Cohen Amvesi. ARUA . Yovan Adriko, the Vurra County Member of Parliament (MP) in Arua district has been committed to six months civil prison for failing to clear debts amounting to shs55,677,400. Adriko was on Thursday evening sent to Arua government prison to serve six months shortly after his arrest at Slumberland hotel in Arua City. MP Adriko warrant of committal judgement debtor to jail. Paul Mawa of T/A Vitality Associates, the court bailiff assigned to arrest the MP, duped him to come and pick some money for a land transaction at Slumberland hotel where he picked him like a baby after a long hunt. Adriko was immediately arraigned before Her Worship Karungi Leo, the Deputy Registrar of Arua High Court who later committed him to imprisonment not exceeding six months. Part of Adriko’s warrant of arrest issued b court Adriko was sent to the coolers for failing to clear shs48m which is the princip

Arrested Arua City Officials Taken to Kampala this Night.

Wednesday 8-November-2023. 📸: The arrest of Arua City Physical Planner Mr Findru Moses on 6-Nov-2023 at around 2pm. 📸: Mr Jobile Cornelius the City Deputy town clerk who was arrested on 7-Nov-2023 at around 4pm. 📸: Mrs Lillian Aleni (in red cloth) and Mr Edoni Benard being handcuffed by police officer on 6-Nov-2023 at around 6pm. The bail that was to be issued last night 8pm 7-Nov-2023 to release the arrested City Deputy town clerk Mr Jobile Cornelius and CFO Mr Sam Adriko over mismanagement of government properties and monies was canceled, and by this time of the night 11pm, highly placed sources leaked that, all the arrested suspects (Mr Findru Moses the Arua City Physical Planner, Mr Jobile Cornelius the Deputy City clerk, Mr Adriko Sam the CFO, Mr Edoni Benard the PDM BOG Chairperson for Pangisa ward and Mrs Lillian Aleni the parish chief for Pangisa ward) are being transported by State House Anti-corruption Unit officers who will soon be reac

Wedded Ayivu West MP Lematia John Fights Over Another Woman.

📸: Hon Lematia John. By URN. Police in Arua district are investigating a case of assault and threatening violence involving the Member of Parliament for Ayivu West Constituency John Lematia and James Ariko, a DSTV technician in Arua city. Drama ensued on Easter Sunday 31-3-2024 at Dream Land Hotel located at Kuluva trading center along Arua-Nebbi highway in Arua district when the legislator and the technician engaged in a fight reportedly over a woman identified as Faith Eyotaru 25, a relationship officer at Victoria University Kampala. The scuffle started after Ayivu West Mp John Lematia went to swim at Dreamland Hotel with Faith Eyotaru only to find Ariko, who had gone to the same hotel earlier. However, upon seeing the duo coming out of the vehicle, Ariko confronted Lematia with both men claiming to be having a relationship with the lady. It took the intervention of the staff at the hotel who intervened and separated the fight between the men. Josephine Angucia, the West Nile re

Information is Power

Search This Blog