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Uganda decisions
Decisions matching the current search
Nandutu Asha and Wamboga Ali v Kamats Investments Credit Services Ltd (Civil Appeal No. 34 of 2022) [2025] UGHC 488 (8 July 2025)
The High Court set aside a default judgment after finding the defence filing defect was counsel’s fault, not the appellants’, and allowed leave to defend.
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…
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True African (U) Ltd v Kalangala Infrastructure Services Ltd (Miscellaneous Application No. 361 of 2025) [2025] UGCommC 190 (26 June 2025)
The court found that the applicant was duly served and promptly instructed its former lawyers to file a defence, but the lawyers negligently failed to do so. The court held that the mistake of counsel, even if negligent, should not be visited on a vigilant litigant who took all reasonable steps to defend the suit. The court relied on established case law confirming that sufficient cause exists where a party is let down by its counsel, and that the interests of justice require the substance of the dispute to be investigated. The respondent's request for a conditional grant was rejected as lack…
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KCB Bank Uganda Limited v Leeward Investments (Civil Suit No. 448 of 2025) [2025] UGCommC 200 (25 June 2025)
The High Court held that WhatsApp service on a company director was effective and entered default judgment for KCB Bank Uganda Limited after no defence was filed.
KCB Bank Uganda Limited v Raid Technologies Ltd and Others (Civil Suit No. 449 of 2025) [2025] UGCommC 201 (25 June 2025)
The High Court entered default judgment against two defendants over a loan dispute, finding they were served but failed to file a timely defence.
Stanbic Bank (U) Limited v Rebecca Kaduru (Civil Suit No. 113 of 2023) [2025] UGCommC 196 (24 June 2025)
The High Court at Kampala entered default judgment for Stanbic Bank after the defendant failed to file a defence in a loan recovery claim.
Dr. Charles Ekure v Henry Mwanga and Bank of Baroda (Miscellaneous Application 328 of 2024) [2025] UGHC 510 (24 June 2025)
The court found that the applicant was not properly served with summons in the main suit, as the purported service was effected by a process server attached to the plaintiff's law firm rather than a court process server, and was not rebutted by the respondent. Investigations by the inspectorate of courts confirmed lack of due diligence in service. The absence of service deprived the applicant of the opportunity to defend, rendering the default judgment and subsequent garnishee orders a nullity. The applicant demonstrated a plausible defense, denying any contractual relationship and alleging f…
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Henry Musisi v Wahab Sultan (Miscellaneous Application 3064 of 2023) [2025] UGCommC 137 (4 June 2025)
The applicant's failure to attend the hearing and take necessary steps to prosecute the application justified dismissal under Order 17 rule 4 of the Civil Procedure Rules. The respondent's claim for the decretal sum of Ugx 60,000,000 was proper under summary procedure, as it was based on a written contract and constituted a liquidated demand. However, the claim for interest was not supported by an express provision in the underlying agreement, rendering it a triable issue that must be reserved for trial. Accordingly, partial judgment was entered for the respondent for the principal sum, while…
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Mutebi v Kitalemire (Miscellaneous Application 608 of 2025) [2025] UGCommC 74 (17 April 2025)
The High Court held that summons were effectively served through the applicant’s co-worker with phone authorization, and dismissed the application to set aside default judgment.
Allan Lwanga v I & M Bank (Uganda) Limited (Miscellaneous Application No. 1022 of 2024) [2025] UGCommC 138 (28 March 2025)
The High Court dismissed Allan Lwanga’s bid to set aside a default decree and obtain leave to defend, finding substituted service valid, no good cause, and no triable issue.
