Uganda Case Law

Rich Dad Junior School v Dumba Mayanja and 4 Others

Rich Dad Junior School v Dumba Mayanja and 4 Others (Civil Appeal No. OO42 of 2023) [2025] UGHCLD 109 (24 June 2025)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. OO42 of 2023

Judge

Alividza, J

The court found that the appellant was properly served with the amended plaint and hearing notices through its head teacher and advocates, and that its counsel participated in the proceedings, including adopting the joint scheduling memorandum and filing a written statement of defence. The court held that the appellant was estopped from denying service or participation, and that the trial magistrate was correct to proceed ex parte after the appellant failed to attend hearings. The adoption of the defence was proper given the appellant's involvement and representation. The award of general dam…

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• Trespass To Land
• Service Of Process
• Exparte Judgment
• Amendment Of Pleadings

Ndaula Arafat and Another v Kasibante James Zawula

Ndaula Arafat and Another v Kasibante James Zawula (Miscellaneous Application No. 137 of 2025) [2025] UGHCLD 91 (19 June 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 137 of 2025

Judge

Nassuna Matovu, J

The High Court dismissed a stay of execution application because no substantive application to set aside the ex parte judgment was pending.

• Stay Of Execution
• Exparte Judgment
• Service Of Process
• Abuse Of Court Process
• Stay-of-execution
• Ex-parte-judgment

Habaya Nathan v Ojony Achiko Aaron Emmanuel (HCT-19-CA-005-2024)

Habaya Nathan v Ojony Achiko Aaron Emmanuel (HCT-19-CA-005-2024) [2025] UGHC 423 (9 May 2025)

Court

High Court of Uganda

Case number

HCT-19-CA-005-2024

Judge

Kaweesa, J

The High Court allowed an appeal, holding the magistrate was functus officio after final judgment and execution had begun, so the ex parte judgment was reinstated.

• Functus Officio
• Exparte Judgment
• Reopening Of Cases
• Service Of Process
• Functus-officio
• Ex-parte-judgment

Kyampa v Kiguli (Revision Cause 4 of 2021)

Kyampa v Kiguli (Revision Cause 4 of 2021) [2024] UGHC 625 (5 July 2024)

Court

High Court of Uganda

Case number

Revision Cause 4 of 2021

Judge

Bukirwa, J

The court found that the applicant served the Notice of Motion on the respondent more than one year after it was endorsed by the court, far outside the twenty-one day period prescribed by Order 5 Rule 1(2) of the Civil Procedure Rules. The applicant failed to provide credible evidence that the delay was due to the court file being missing, nor did he make any formal communication to the court regarding the alleged disappearance of the file. The court held that the delay was unjustified and that the application was incompetent for being served out of time. The preliminary objection raised by t…

Source excerpt

• Service Of Process
• Revision Of Judgment
• Exparte Judgment
• Time Limits For Service

Rose Aguti v Rutungu Properties Limited & Ben Kavuya

Rose Aguti v Rutungu Properties Limited & Ben Kavuya (Miscellaneous Application 2570 of 2023) [2024] UGHCLD 34 (12 February 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2570 of 2023

Judge

Naluzze Aisha Batala, J

The High Court declined to set aside a dismissal and ex parte counterclaim judgment, finding inordinate delay after the applicant learned of the hearing mix-up.

• Setting Aside Dismissal
• Exparte Judgment
• Counterclaim Procedure
• Delay And Dilatory Conduct
• Setting-aside-dismissal
• Ex-parte-judgment

Muzaaya v Mayanja (HCT-03-CV-MA 134 of 2023)

Muzaaya v Mayanja (HCT-03-CV-MA 134 of 2023) [2023] UGHC 188 (8 December 2023)

Court

High Court of Uganda

Case number

HCT-03-CV-MA 134 of 2023

Judge

Nabisinde, J

The High Court of Uganda at Jinja set aside an ex parte judgment after finding insufficient proof that the applicant had been duly served with summons.

• Exparte Judgment
• Service Of Process
• Setting Aside Decree
• Execution Of Judgments
• Customary Land
• Right To Fair Hearing

Kampala Stocks Supermarket Limited v Orion Food Company Limited

Kampala Stocks Supermarket Limited v Orion Food Company Limited (Miscellaneous Application 2075 of 2023; Miscellaneous Application 2080 of 2023) [2023] UGCommC 261 (23 November 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2075 of 2023 ; Miscellaneous Application 2080 of 2023

Judge

Anna B. Mugenyi, J

The High Court refused to set aside an ex parte decree, finding the applicant was also negligent in following up its case and had delayed too long.

• Exparte Judgment
• Setting Aside Decree
• Stay Of Execution
• Mistake Of Counsel
• Ex-parte-judgments
• Setting-aside-decree

Mugambe v Ssensalire Semakade and Another

Mugambe v Ssensalire Semakade and Another (Miscellaneous Application 2907 of 2023) [2023] UGHCLD 403 (6 November 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2907 of 2023

Judge

Naluzze Aisha Batala, J

The High Court granted a temporary stay of execution pending determination of an application to set aside an ex parte judgment over a land dispute.

• Stay Of Execution
• Exparte Judgment
• Service Of Process
• Land Title Cancellation
• Stay-of-execution
• Ex-parte-judgment

Mugambe v Semakade and Another

Mugambe v Semakade and Another (Miscellaneous Application 2907 of 2023) [2023] UGHCLD 394 (6 November 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2907 of 2023

Judge

Naluzze Aisha Batala, J

The High Court granted a temporary stay of execution pending a review application, finding a serious threat of execution and no opposition from the respondents.

• Stay Of Execution
• Exparte Judgment
• Service Of Process
• Title Cancellation
• Stay-of-execution
• Ex-parte-judgment

Devine Care Ministries v Passions Services Limited

Devine Care Ministries v Passions Services Limited (Civil Appeal 42 of 2019) [2023] UGHC 468 (25 October 2023)

Court

High Court of Uganda

Case number

Civil Appeal 42 of 2019

Judge

Kaahwa, J

The court found that the Appellant complied with the statutory timelines for filing its defence and counterclaim, as the deadline fell on a public holiday and the filing was done on the next business day. The Respondent's reply to the counterclaim was filed out of time without formal application for extension, but the trial magistrate exercised discretion to admit the late reply and set aside the exparte judgment. The court held that procedural rules are intended to facilitate justice and should not defeat substantive rights unless fundamental prejudice is shown. No prejudice was discerned to…

Source excerpt

• Exparte Judgment
• Counterclaim Timelines
• Late Filing Of Defence
• Oral Application To Set Aside
• Procedural Irregularity