Obulejo v Moyo Cooperative Savings & Credit Society Limited
Obulejo v Moyo Cooperative Savings & Credit Society Limited (Miscellaneous Application 31 of 2021) [2024] UGHC 974 (3 October 2024)
The application to set aside the default judgment and stay execution fails because the applicant did not demonstrate ineffective service of summons or present a credible triable defence. The affidavits of service filed by the respondent, supported by control copies signed by the applicant, constitute sufficient proof of service. The applicant's assertions regarding non-service and hospitalization are unsupported by evidence. Furthermore, the applicant's claim of a good defence lacks specificity and substantiation, failing to meet the threshold for a triable issue. The court finds that the pre…
Source excerpt
- Summary Suit Procedure
- Default Judgment
- Setting Aside Decree
- Service Of Process
- Triable Defence
- Execution Stay