A.K. Transporters Limited v Mulani Moosa
A.K. Transporters Limited v Mulani Moosa (Miscellaneous Application No. 1175 of 2023) [2025] UGHCCD 94 (1 July 2025)
The application to set aside the ex parte judgment and decree in HCCS No. 38 of 2001 is incompetent because the court proceeded under Order 17 rule 4 of the Civil Procedure Rules, which provides that a judgment rendered in such circumstances is a decree appealable as of right and cannot be set aside by the same court. The applicant failed to comply with court directions to file witness statements and did not provide sufficient justification for non-compliance. The remedy available to the applicant is to appeal the judgment, not to seek its setting aside through a miscellaneous application. Th…
Source excerpt
- Setting Aside Ex Parte Judgment
- Order 17 Rule 4 Cpr
- Appeal Vs Setting Aside
- Default Judgment
- Court Functor Officio