Centenary Rural Development Bank Limited v The Management Committee of St. Peters Educational Hill Mixed Primary School
Centenary Rural Development Bank Limited v The Management Committee of St. Peters Educational Hill Mixed Primary School (Civil Appeal 23 of 2024) [2024] UGHC 1016 (25 October 2024)
The appellate court found that the trial magistrate erred by allowing the matter to proceed ex parte on 20th October 2022 without serving a fresh hearing notice to the appellant after the previous adjournment. This was irregular under the Civil Procedure Rules, which require service of hearing notices to defendants who have filed a defence. Additionally, the trial court failed to address the appellant's counterclaim, which is a suit in its own right and cannot abate without a formal court pronouncement. These procedural irregularities warranted setting aside the ex parte judgment and decree.…
Source excerpt
- Ex Parte Proceedings
- Counterclaim Abatement
- Service Of Hearing Notice
- Vicarious Liability